Tripp and Tripp

Case

[2011] FamCA 598

28 July 2011


Details
AGLC Case Decision Date
Tripp and Tripp [2011] FamCA 598 [2011] FamCA 598 28 July 2011

CaseChat Overview and Summary

This matter concerned the father and mother of two children, T and B. The court was required to make orders regarding the children's living arrangements, parental responsibility, and time spent with each parent. The proceedings also involved allegations concerning the late paternal grandmother and the children's therapeutic needs.

The court was tasked with determining the primary caregiver for the children, the allocation of parental responsibility, and the specific arrangements for the children's time with each parent. Further issues included the provision of therapeutic support for the children, the role of the Independent Children's Lawyer, and the communication protocols between the parents regarding the children's welfare and decision-making. The court also had to consider orders to protect the children from parental conflict and inappropriate questioning.

Fowler J ordered that the father have sole parental responsibility for the children, and that the children live with him. Previous orders concerning the children were discharged. The mother's time with the children was to commence with supervised contact for a period of six months, transitioning to unsupervised contact if recommended by a single expert, and thereafter to alternate weekends. The father was directed to engage a psychologist to provide therapeutic support to the children concerning their changed living arrangements, their relationship with their mother, allegations regarding their late paternal grandmother, and their adjustment to her death. Both parents were restrained from denigrating each other and from discussing the children's therapy sessions without consent. The Independent Children's Lawyer was to continue to represent the children for twelve months, and a Family Consultant was to explain the orders to the children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

Murray & Tomas & Anor [2011] FamCAFC 81
Johnson v Johnson [2000] HCA 48
Antoun v The Queen [2006] HCA 2