Backford and Backford and Anor
Case
•
[2016] FamCA 106
•12 February 2016
Details
AGLC
Case
Decision Date
Backford and Backford and Anor [2016] FamCA 106
[2016] FamCA 106
12 February 2016
CaseChat Overview and Summary
In *Backford and Backford and Anor*, the Honourable Justice Hannam of the Family Court of Australia considered an application to reopen proceedings concerning parenting orders. The dispute involved allegations of non-compliance with existing orders and the need to consider further evidence relevant to the children's welfare.
The court was required to determine whether to reopen the proceedings and, if so, on what specific issues. These issues included any contact the mother or children may have had with Mr I and the mother's sisters since 21 September 2015, any overnight stays at the mother's home by persons other than the mother and Mr E after that date, and the circumstances surrounding non-compliance with holiday contact orders for G and H in October 2015.
Justice Hannam reasoned that reopening the proceedings was necessary to address specific, relevant matters that had arisen or required further clarification. The court directed the filing of consolidated and specific affidavits from the parties, including the mother and the wife of the second respondent, Ms Keys, to address the identified issues. Evidence not pertaining to these specific matters was to be excluded.
The proceedings were adjourned for a further hearing of three hours on 26 February 2016, at which time final submissions regarding the further evidence were to be made.
The court was required to determine whether to reopen the proceedings and, if so, on what specific issues. These issues included any contact the mother or children may have had with Mr I and the mother's sisters since 21 September 2015, any overnight stays at the mother's home by persons other than the mother and Mr E after that date, and the circumstances surrounding non-compliance with holiday contact orders for G and H in October 2015.
Justice Hannam reasoned that reopening the proceedings was necessary to address specific, relevant matters that had arisen or required further clarification. The court directed the filing of consolidated and specific affidavits from the parties, including the mother and the wife of the second respondent, Ms Keys, to address the identified issues. Evidence not pertaining to these specific matters was to be excluded.
The proceedings were adjourned for a further hearing of three hours on 26 February 2016, at which time final submissions regarding the further evidence were to be made.
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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Appeal
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Procedural Fairness
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Discovery
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Reliance
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Backford & Backford & Anor (No 2)
[2015] FamCA 678
Goode & Goode
[2006] FamCA 1346
Deiter & Deiter
[2011] FamCAFC 82