SUTTON & BROCK

Case

[2015] FCCA 713

27 March 2015


Details
AGLC Case Decision Date
Sutton and Brock [2015] FCCA 713 [2015] FCCA 713 27 March 2015

CaseChat Overview and Summary

This matter concerned parenting orders for a child, X, born in 2012. The proceedings were before Judge Kemp. The orders indicate a dispute involving the Minister for Family and Community Services, the child's mother, and the child's father, concerning the future care and responsibility for the child.

The court was required to determine the appropriate parenting orders for the child, including who would have parental responsibility, where the child would live, and the extent and nature of the child's time with each parent. The court also considered orders relating to the parents' conduct during any contact with the child, including restrictions on substance use and derogatory remarks, and the release of a single expert's report.

Judge Kemp discharged all previous parenting orders and made new orders by consent. The Minister for Family and Community Services was granted sole parental responsibility for the child, and the child was to live as directed by the Secretary of the Department of Family and Community Services. The child was to spend time with and communicate with both the mother and the father as directed by the Secretary, with the Secretary having the discretion to determine if such contact should be supervised. Both parents were restrained from consuming alcohol or illicit drugs within 24 hours prior to any scheduled time with the child and from making critical or derogatory remarks about the other parent, their families, or departmental personnel in the child's presence or hearing. Leave was granted for the parents and the Secretary to release the single expert's report to relevant therapists and service providers. The appointment of the Independent Children’s Lawyer was discharged. The court noted that the child's time with the mother would, as far as possible, occur in the Central Business District, with the frequency and duration to be reviewed annually by the Secretary, who would also consider facilitating activity-based contact.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

3

Goode & Goode [2006] FamCA 1346