Truscott-Starky and Starky
Case
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[2012] FamCA 764
•20 August 2012
Details
AGLC
Case
Decision Date
Truscott-Starky and Starky [2012] FamCA 764
[2012] FamCA 764
20 August 2012
CaseChat Overview and Summary
This matter concerned an application by the father, Truscott-Starky, for orders relating to the child R, born in November 2006. The dispute involved the living arrangements for the child and parental responsibility for long-term decisions. The proceedings were before Murphy J of the Family Court of Australia.
The court was required to determine the primary residence of the child and the allocation of parental responsibility for major long-term issues. Additionally, the court needed to establish a schedule for the child to spend time with the mother, including specific arrangements for changeovers and supervised time with a family consultant.
Murphy J ordered that the child R live with the father. The father was granted sole parental responsibility for any major long-term issues, with specific requirements to consult the mother in writing before making such decisions and to consider her response based on the child's best interests. The court also made detailed orders for the child to spend time with the mother on specific dates in September and October 2012, with changeovers to occur at Child Dispute Services in Brisbane. A portion of this time was to be spent with a family consultant for interview purposes. A short report was to be prepared regarding the time spent at Child Dispute Services. The father's application in a case filed on 14 August 2012 was dismissed. The father was also ordered to serve certain filed documents on the mother's solicitor by 4.00 pm on 24 August 2012. The orders included a fact sheet detailing obligations, consequences of contravention, and available assistance.
The court was required to determine the primary residence of the child and the allocation of parental responsibility for major long-term issues. Additionally, the court needed to establish a schedule for the child to spend time with the mother, including specific arrangements for changeovers and supervised time with a family consultant.
Murphy J ordered that the child R live with the father. The father was granted sole parental responsibility for any major long-term issues, with specific requirements to consult the mother in writing before making such decisions and to consider her response based on the child's best interests. The court also made detailed orders for the child to spend time with the mother on specific dates in September and October 2012, with changeovers to occur at Child Dispute Services in Brisbane. A portion of this time was to be spent with a family consultant for interview purposes. A short report was to be prepared regarding the time spent at Child Dispute Services. The father's application in a case filed on 14 August 2012 was dismissed. The father was also ordered to serve certain filed documents on the mother's solicitor by 4.00 pm on 24 August 2012. The orders included a fact sheet detailing obligations, consequences of contravention, and available assistance.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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