Bacaris and Bacaris and Anor
Case
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[2020] FCCA 2495
•17 August 2020
Details
AGLC
Case
Decision Date
Bacaris and Bacaris and Anor [2020] FCCA 2495
[2020] FCCA 2495
17 August 2020
CaseChat Overview and Summary
In the Family Court of Australia, Judge Boyle considered an application by the paternal grandmother for interim parenting orders concerning two children, X and Y, born in 2017 and 2018 respectively. The proceedings also involved the mother and the paternal uncle, whose standing under section 65C of the *Family Law Act 1975* (Cth) had not yet been determined. The paternal grandmother sought to spend time with the children, and the mother had no objection to other members of the paternal family being present during these times, with the exception of the paternal uncle.
The court was required to determine the terms of interim contact between the paternal grandmother and the children, and to make orders regarding the involvement of the paternal uncle in family therapy. Additionally, the court needed to address the need for family therapy and to make orders restraining the parties from denigrating each other or discussing the proceedings in the presence of the children.
The court made several interim orders. Pending further orders, the paternal grandmother was granted supervised time with the children, commencing on 21 August 2020, with specific conditions regarding location and the mother's presence. The paternal grandmother was also ordered to ensure the paternal uncle was not present during these times. The parties were directed to engage in family therapy, with the paternal uncle permitted to participate under certain conditions, including his compliance with an order to disclose his past and present treating practitioners. The court also made orders restraining the parties from denigrating each other or discussing the proceedings in the children's presence, and requiring civil communication. The matter was listed for mention before Judge Morley on 10 November 2020.
The court was required to determine the terms of interim contact between the paternal grandmother and the children, and to make orders regarding the involvement of the paternal uncle in family therapy. Additionally, the court needed to address the need for family therapy and to make orders restraining the parties from denigrating each other or discussing the proceedings in the presence of the children.
The court made several interim orders. Pending further orders, the paternal grandmother was granted supervised time with the children, commencing on 21 August 2020, with specific conditions regarding location and the mother's presence. The paternal grandmother was also ordered to ensure the paternal uncle was not present during these times. The parties were directed to engage in family therapy, with the paternal uncle permitted to participate under certain conditions, including his compliance with an order to disclose his past and present treating practitioners. The court also made orders restraining the parties from denigrating each other or discussing the proceedings in the children's presence, and requiring civil communication. The matter was listed for mention before Judge Morley on 10 November 2020.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Standing
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Costs
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Injunction
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