Tulley and Lindmann-Tulley (No 2)
Case
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[2009] FamCA 1083
•17 November 2009
Details
AGLC
Case
Decision Date
Tulley and Lindmann-Tulley (No 2) [2009] FamCA 1083
[2009] FamCA 1083
17 November 2009
CaseChat Overview and Summary
This matter concerned parenting orders made by Justice Murphy in the Federal Circuit and Family Court of Australia. The dispute involved the father and mother of a child born in June 1997, with the court determining the arrangements for the child's parental responsibility, living arrangements, and communication between the parents and the child.
The court was required to determine the extent of parental responsibility each parent would have, particularly concerning "major long term issues" as defined by the *Family Law Act 1975* (Cth). Additionally, the court had to establish the child's living arrangements and the specific times the child would spend with each parent. The court also considered restrictions on communication between the mother and the child, and the facilitation of the court's orders.
Justice Murphy ordered that the father have sole parental responsibility for all major long-term issues, subject to specific requirements for consultation with the mother. The child was ordered to live with the father, with detailed provisions for the child spending time with the mother, including specific dates and alternating periods. Significant restrictions were placed on the mother's communication with the child, limited to cards or letters via Australia Post for a period of two years, with a limited exception for telephone contact on alternate Wednesdays. The court also made orders for the Independent Children's Lawyer and a family consultant to explain the orders to the child and to provide assistance to the father and child if required.
The court was required to determine the extent of parental responsibility each parent would have, particularly concerning "major long term issues" as defined by the *Family Law Act 1975* (Cth). Additionally, the court had to establish the child's living arrangements and the specific times the child would spend with each parent. The court also considered restrictions on communication between the mother and the child, and the facilitation of the court's orders.
Justice Murphy ordered that the father have sole parental responsibility for all major long-term issues, subject to specific requirements for consultation with the mother. The child was ordered to live with the father, with detailed provisions for the child spending time with the mother, including specific dates and alternating periods. Significant restrictions were placed on the mother's communication with the child, limited to cards or letters via Australia Post for a period of two years, with a limited exception for telephone contact on alternate Wednesdays. The court also made orders for the Independent Children's Lawyer and a family consultant to explain the orders to the child and to provide assistance to the father and child if required.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
Actions
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Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
3
Brown & Crawford
[2009] FamCA 96
Chappell & Chappell
[2008] FamCAFC 143
Lange v Australian Broadcasting Corporation
[1997] HCA 25