Tothill and Crowther

Case

[2020] FamCA 503

19 June 2020


Details
AGLC Case Decision Date
Tothill and Crowther [2020] FamCA 503 [2020] FamCA 503 19 June 2020

CaseChat Overview and Summary

This matter concerned parenting orders for a child, B, born in 2011, between the child's father and mother. The court was required to determine the future parenting arrangements for B, including issues of parental responsibility, residence, and the nature and extent of contact between B and the mother. The court also had to consider the terms of any injunctions to be granted and the provision of therapy for the child.

The court's primary focus was on the best interests of the child, B. The reasoning applied involved a careful consideration of the evidence presented, including a Family Report prepared by a Family Consultant. The court determined that the father should have sole parental responsibility for B and that B should live with the father. The mother was to have supervised time with B on one weekend day per calendar month for four hours in Adelaide, with the father to nominate the supervisor and location in consultation with that professional. The mother was to bear the costs associated with this supervised time.

Furthermore, the court granted significant injunctions restraining the mother from various forms of contact with B, including approaching B, attending B's school or extracurricular activities, or causing B to attend any mental health professionals without the father's consent. The father was permitted to change B's residence within a specified region, obtain a passport for B, and make decisions regarding B's name. The father was also ordered to arrange for B to receive therapy from a child and family psychologist. The mother was granted leave to apply to discharge the supervision requirement after 1 January 2023, and otherwise, the parties were restrained from making further parenting applications without leave.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

2

M v M [1988] HCA 68
Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34