State Central Authority and Ballard (No 2)
Case
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[2011] FamCA 834
•5 September 2011
Details
AGLC
Case
Decision Date
State Central Authority and Ballard (No 2) [2011] FamCA 834
[2011] FamCA 834
5 September 2011
CaseChat Overview and Summary
The case of *State Central Authority and Ballard (No 2)* involved an application before Bennett J in the Family Court of Australia. The dispute concerned parenting orders for a child, B, born in 1995, and the terms of communication between the child and the mother.
The court was required to determine the specific arrangements for the child's residence, the nature and frequency of communication between the child and the mother, and the obligations of each parent regarding the exchange of contact details and information about the child's schooling. Additionally, the court needed to address the issue of parental denigration and the provision of information to an independent children's lawyer.
By consent of the parties, Bennett J made orders that the child B would live with the father. Communication between the child and the mother was to be initiated by the mother no more than once per fortnight via electronic means or written correspondence, with the caveat that such communication was subject to the child's expressed views and wishes. The father was directed to encourage the child to communicate with the mother and to forward all correspondence. Both parents were ordered to keep each other advised of their contact details and any changes within 48 hours. The father was also to keep the mother informed of the child's schooling and authorise the school to provide information to the mother at her expense. Crucially, both parents were restrained from denigrating the other parent to or in the presence or hearing of the child. Orders were also made for the father to provide information to the independent children's lawyer and for extant applications to be adjourned for compliance checks.
The court was required to determine the specific arrangements for the child's residence, the nature and frequency of communication between the child and the mother, and the obligations of each parent regarding the exchange of contact details and information about the child's schooling. Additionally, the court needed to address the issue of parental denigration and the provision of information to an independent children's lawyer.
By consent of the parties, Bennett J made orders that the child B would live with the father. Communication between the child and the mother was to be initiated by the mother no more than once per fortnight via electronic means or written correspondence, with the caveat that such communication was subject to the child's expressed views and wishes. The father was directed to encourage the child to communicate with the mother and to forward all correspondence. Both parents were ordered to keep each other advised of their contact details and any changes within 48 hours. The father was also to keep the mother informed of the child's schooling and authorise the school to provide information to the mother at her expense. Crucially, both parents were restrained from denigrating the other parent to or in the presence or hearing of the child. Orders were also made for the father to provide information to the independent children's lawyer and for extant applications to be adjourned for compliance checks.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Costs
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Procedural Fairness
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Remedies
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