Abre and Kahn

Case

[2009] FamCA 833

4 August 2009


Details
AGLC Case Decision Date
Abre and Kahn [2009] FamCA 833 [2009] FamCA 833 4 August 2009

CaseChat Overview and Summary

In the matter of *Abre and Kahn*, heard before Cronin J, the dispute concerned parenting arrangements for a child born in November 2003. The court was required to consider applications and make orders regarding the child's time with the mother, as well as rectify previous court orders.

The primary legal issues before the court were the determination of interim parenting arrangements and the correction of procedural errors in existing orders. Specifically, the court had to decide on the mother's time with the child, the suspension of a prior order, and the rectification of minutes attached to previous orders.

Cronin J ordered that all outstanding applications be adjourned to the Senior Registrar’s List on 25 August 2009. Paragraph 4 of the orders made on 24 November 2008 was suspended until further order. The court then made new interim orders for the mother to spend time with the child on alternate weekends from Friday 4.00 pm to Sunday 4.00 pm, commencing 7 August 2009, and on alternate Wednesdays from 4.00 pm to Thursday 4.00 pm, commencing 12 August 2009, subject to compliance with paragraph 6 of the previous orders. The practitioner for the father was directed to rectify incorrect minutes attached to the orders of 24 November 2008. The court noted that the father would consider his position regarding contravention orders against the mother, which the Senior Registrar did not have jurisdiction to deal with. The mother was not present when these orders were made, having been taken to hospital.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

  • Remedies

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