Tirrell and Harmony
Case
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[2019] FamCA 163
•22 March 2019
Details
AGLC
Case
Decision Date
Tirrell and Harmony [2019] FamCA 163
[2019] FamCA 163
22 March 2019
CaseChat Overview and Summary
In the matter of *Tirrell and Harmony*, Baumann J of the Family Court of Australia made final orders concerning the parental responsibility and living arrangements for a child, B, born in 2007. The dispute involved the parents' arrangements for their child following their separation.
The court was required to determine the extent of parental responsibility each parent would hold, where the child would live, and the nature of the communication and contact arrangements between the child and the father. Further issues included the facilitation of the child's relationship with the paternal family, the child's participation in counselling, and the role of the Independent Children's Lawyer. The court also considered orders to restrict interference from a third party, Mr F Harmony.
Baumann J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was ordered to provide his contact details to the mother, and in return, the mother was to keep the father informed of the child's address, significant health issues, schooling changes, and any proposed relocation or overseas travel. The father was permitted to send gifts to the child, and the mother was to encourage the child to acknowledge the father on significant dates. The mother was also directed to use her best endeavours to maintain the child's relationships with his paternal family and to facilitate the child's wishes to spend time or communicate with his father. The father could attend child's events if the child wished. The mother was to arrange for the child to receive confidential counselling, and specific documents were to be provided to the therapist. The mother was also to endeavour to restrict Mr F Harmony from interfering with the child's communication or contact with the father. The Independent Children's Lawyer was to meet with the child and would be discharged thereafter, with provisions for any costs applications.
The court was required to determine the extent of parental responsibility each parent would hold, where the child would live, and the nature of the communication and contact arrangements between the child and the father. Further issues included the facilitation of the child's relationship with the paternal family, the child's participation in counselling, and the role of the Independent Children's Lawyer. The court also considered orders to restrict interference from a third party, Mr F Harmony.
Baumann J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was ordered to provide his contact details to the mother, and in return, the mother was to keep the father informed of the child's address, significant health issues, schooling changes, and any proposed relocation or overseas travel. The father was permitted to send gifts to the child, and the mother was to encourage the child to acknowledge the father on significant dates. The mother was also directed to use her best endeavours to maintain the child's relationships with his paternal family and to facilitate the child's wishes to spend time or communicate with his father. The father could attend child's events if the child wished. The mother was to arrange for the child to receive confidential counselling, and specific documents were to be provided to the therapist. The mother was also to endeavour to restrict Mr F Harmony from interfering with the child's communication or contact with the father. The Independent Children's Lawyer was to meet with the child and would be discharged thereafter, with provisions for any costs applications.
Details
Key Legal Topics
Areas of Law
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Family Law
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Costs
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Jurisdiction
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Natural Justice
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Procedural Fairness
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Citations
Tirrell and Harmony [2019] FamCA 163
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