Bartin and Baddle
Case
•
[2007] FamCA 1445
•5 December 2007
Details
AGLC
Case
Decision Date
Bartin and Baddle [2007] FamCA 1445
[2007] FamCA 1445
5 December 2007
CaseChat Overview and Summary
This matter came before Bennett J concerning a dispute between the applicant father and the respondent mother regarding parenting arrangements for their children. The proceedings involved a contravention application filed by the father, as well as applications for leave to amend existing orders and for various procedural directions.
The court was required to determine several issues, including whether to grant the father leave to amend his contravention application and specific orders relating to communication and time spent with the children. The court also needed to consider the discharge of existing orders, the attendance of the children and father with a psychologist, and the role of the independent children's lawyer. Furthermore, the court addressed the process for a Less Adversarial Trial, including the filing of questionnaires and the attendance of a family consultant.
Bennett J made a series of orders addressing these matters. Leave was granted for the father to amend his contravention application in several respects, and certain counts of the application were permitted to be withdrawn, with the father acknowledging arrangements for telephone communication and other matters. Paragraph 3(h) of prior orders was discharged and replaced with specific provisions for telephone communication between the father and the children. The court also ordered that the children attend upon a psychologist, Dr S, and facilitated potential meetings between the father and Dr S. Directions were given for the independent children's lawyer to liaise with Dr S regarding the children's progress and any recommendations for contact with the father. The parties were directed to attend a Child Dispute Conference with a family consultant, Mr AN, who was authorised to confer with Dr S. Various procedural orders were made regarding the filing of documents, the marking of exhibits, and the provision of information.
The court was required to determine several issues, including whether to grant the father leave to amend his contravention application and specific orders relating to communication and time spent with the children. The court also needed to consider the discharge of existing orders, the attendance of the children and father with a psychologist, and the role of the independent children's lawyer. Furthermore, the court addressed the process for a Less Adversarial Trial, including the filing of questionnaires and the attendance of a family consultant.
Bennett J made a series of orders addressing these matters. Leave was granted for the father to amend his contravention application in several respects, and certain counts of the application were permitted to be withdrawn, with the father acknowledging arrangements for telephone communication and other matters. Paragraph 3(h) of prior orders was discharged and replaced with specific provisions for telephone communication between the father and the children. The court also ordered that the children attend upon a psychologist, Dr S, and facilitated potential meetings between the father and Dr S. Directions were given for the independent children's lawyer to liaise with Dr S regarding the children's progress and any recommendations for contact with the father. The parties were directed to attend a Child Dispute Conference with a family consultant, Mr AN, who was authorised to confer with Dr S. Various procedural orders were made regarding the filing of documents, the marking of exhibits, and the provision of information.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Discovery
-
Jurisdiction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Bartin and Baddle [2007] FamCA 1445
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1