ALBISTON & PEDANO
Case
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[2020] FCCA 3628
•31 July 2020
Details
AGLC
Case
Decision Date
ALBISTON & PEDANO [2020] FCCA 3628
[2020] FCCA 3628
31 July 2020
CaseChat Overview and Summary
In the matter of *Albiston & Pedano*, heard by Judge Harman, the dispute concerned an application by the Mother for the suspension of existing parenting orders concerning the child, X, born in 2006. The application arose due to the imminent scheduled time X was to spend with his Father over the weekend of 31 July to 2 August 2020.
The primary legal issue before the court was whether to grant the Mother leave to make an oral application for the suspension of the parenting orders, and if so, to determine the terms of any such suspension. The court was also required to consider the child's right to communicate with his Father.
Judge Harman granted the Mother leave to make the oral application. The court reasoned that it was appropriate to suspend Order 5(a) of the existing parenting orders until 5pm on 6 August 2020, thereby preventing the scheduled time with the Father from occurring as planned. Crucially, the court also ordered that the Mother must ensure X could receive telephone or video communication from his Father over the weekend and allow X to speak with his father privately and without interruption. The matter was listed for further hearing on 6 August 2020, and costs were reserved.
The primary legal issue before the court was whether to grant the Mother leave to make an oral application for the suspension of the parenting orders, and if so, to determine the terms of any such suspension. The court was also required to consider the child's right to communicate with his Father.
Judge Harman granted the Mother leave to make the oral application. The court reasoned that it was appropriate to suspend Order 5(a) of the existing parenting orders until 5pm on 6 August 2020, thereby preventing the scheduled time with the Father from occurring as planned. Crucially, the court also ordered that the Mother must ensure X could receive telephone or video communication from his Father over the weekend and allow X to speak with his father privately and without interruption. The matter was listed for further hearing on 6 August 2020, and costs were reserved.
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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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
ALBISTON & PEDANO [2020] FCCA 3628
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
Gordon & Gordon
[2015] FamCA 616
BANHAM & BANHAM
[2020] FCCA 1201
Collingwood and Collingwood
[2020] FamCA 390