Simon and Harvey

Case

[2012] FamCA 401

31 May 2012


Details
AGLC Case Decision Date
SIMON & HARVEY [2012] FamCA 401 [2012] FamCA 401 31 May 2012

CaseChat Overview and Summary

This matter concerned an application before Kent J concerning the parenting arrangements for a child, P Harvey. The dispute involved the mother, Ms Simon, and the father, Mr Harvey, regarding the child's living arrangements, time spent with each parent, and decision-making responsibilities. The court was also required to address orders concerning another child, T Harvey, and to make final determinations on various applications.

The court was tasked with determining the primary residence of the child, P Harvey, and the specific terms of the time the mother would spend with the child. Further issues included the allocation of parental responsibility for both long-term and day-to-day decisions concerning the child's welfare, care, and development. The court also had to consider restrictions on the mother's contact with the child's school and workplace, as well as with T Harvey, and to make orders regarding communication between the mother and the child, including telephone and messaging arrangements. Additionally, the court needed to address the child's health and welfare information, school communications, the child's surname, overseas travel, relocation of the child, and the mother's ability to file further applications.

Kent J ordered that the child, P Harvey, live with the father, Mr Harvey. The mother was granted supervised time with the child on the first Sunday of each month, Mother's Day, and Christmas Day, for a minimum of two hours at a specified contact centre, with provisions for substitution if the centre was unavailable. Both parents were to have equal shared parental responsibility for long-term decisions and sole responsibility for day-to-day decisions while the child was in their respective care. The mother was restrained from attending or telephoning the child's or T Harvey's workplace or school, and all previous orders relating to T Harvey were discharged. The court also made detailed provisions for communication between the mother and the child, including telephone calls and instant messaging, and established authorities for the provision of health and school information to the mother. Further orders restricted the mother from registering the child with any authority other than their surname, permitted overseas travel under specific conditions, required the mother's signature for passport applications, and prevented the father from relocating the child outside the Wide Bay area without the mother's consent. The mother was also restrained from filing further applications without leave of the court. All extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Res Judicata

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