Apted and Apted

Case

[2018] FCCA 785

12 February 2018


Details
AGLC Case Decision Date
Apted and Apted [2018] FCCA 785 [2018] FCCA 785 12 February 2018

CaseChat Overview and Summary

This matter concerned the Apted parties and involved a dispute regarding their children, [X] and [Y]. The proceedings were before Judge Middleton.

The court was required to determine a range of issues concerning the children's welfare and living arrangements. These included the children's residence with each parent, specific time arrangements for holidays and birthdays, and provisions for communication between the children and the non-resident parent. The court also needed to address measures to ensure the children's safety and prevent their removal from Australia, as well as the disclosure of medical information and the participation of the parties and children in family dispute resolution processes.

In its reasoning, the court applied provisions of the *Family Law Act 1975* and the *Federal Circuit Court Rules 2001*. Orders were made for the parties to attend a child dispute conference and engage in the Keeping in Contact program. The court established a detailed schedule for the children to live with the Father and Mother, with specific provisions for holidays and birthdays. Injunctions were granted to restrain the removal of the children from Australia, and their names were to be placed on the Family Law Watchlist. Furthermore, the court ordered hair follicle testing for both parties and directed the Mother to encourage her partner, Mr J, to undergo similar testing. The parties were also ordered to disclose details of their treating medical specialists and to attend upon a family consultant for the preparation of a Family Report, with specific factors to be considered in that report.

The court ordered that the matter be adjourned for a directions hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Marvel & Marvel [2010] FamCAFC 101
SS & AH [2010] FamCAFC 13