Tommy and Harris
Case
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[2009] FamCA 278
•16 April 2009
Details
AGLC
Case
Decision Date
Tommy and Harris [2009] FamCA 278
[2009] FamCA 278
16 April 2009
CaseChat Overview and Summary
In the matter of Tommy and Harris, heard before The Hon Justice Ryan, the court considered orders relating to the time spent with a child born in May 2002. The dispute concerned arrangements for the child's contact with both parents and included specific restrictions and conditions.
The court was required to determine the terms of the parenting orders, including the frequency and duration of the mother's time with the child, the method of handover, and prohibitions on the child being in the presence of certain individuals. Further issues included a geographical restriction on the mother's time with the child and a significant alteration to the child's surname.
Justice Ryan made orders that, in addition to existing consent orders, the mother would spend time with the child on alternate weekends during school terms. The father was directed to manage the child's collection and delivery to the maternal grandmother's home. Crucially, the mother was restrained from allowing the child in the presence of Mr S and Mr W, with a provision for the discharge of the restriction concerning Mr W upon the mother providing specific evidence of drug screening, counselling attendance, and a favourable report from a drug counsellor. The mother was also restrained from spending time with the child at a particular caravan park for twelve months. The court also ordered that the child be exclusively known as Harris-Tommy and that the father bear the costs of altering the child's birth registration to reflect this new surname. The orders also incorporated a Fact Sheet detailing the obligations, consequences of contravention, and assistance available for compliance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
The court was required to determine the terms of the parenting orders, including the frequency and duration of the mother's time with the child, the method of handover, and prohibitions on the child being in the presence of certain individuals. Further issues included a geographical restriction on the mother's time with the child and a significant alteration to the child's surname.
Justice Ryan made orders that, in addition to existing consent orders, the mother would spend time with the child on alternate weekends during school terms. The father was directed to manage the child's collection and delivery to the maternal grandmother's home. Crucially, the mother was restrained from allowing the child in the presence of Mr S and Mr W, with a provision for the discharge of the restriction concerning Mr W upon the mother providing specific evidence of drug screening, counselling attendance, and a favourable report from a drug counsellor. The mother was also restrained from spending time with the child at a particular caravan park for twelve months. The court also ordered that the child be exclusively known as Harris-Tommy and that the father bear the costs of altering the child's birth registration to reflect this new surname. The orders also incorporated a Fact Sheet detailing the obligations, consequences of contravention, and assistance available for compliance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
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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Injunction
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Procedural Fairness
Actions
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Citations
Tommy and Harris [2009] FamCA 278
Most Recent Citation
HOOPER & EVAN [2011] FMCAfam 365
Cases Cited
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Statutory Material Cited
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