Bartlett and Trent (No 2)
Case
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[2010] FamCA 692
•30 July 2010
Details
AGLC
Case
Decision Date
Bartlett and Trent (No 2) [2010] FamCA 692
[2010] FamCA 692
30 July 2010
CaseChat Overview and Summary
In *Bartlett and Trent (No 2)*, Justice Murphy of the Family Court of Australia considered an application to vary existing orders concerning a child, S. The proceedings were brought to a close following a process conducted pursuant to s 65L of the *Family Law Act 1975*, with a Family Consultant's opinion that it was in S's best interests for the proceedings to conclude swiftly.
The court was required to determine the final living arrangements for the child, S, and the terms of the child's time with the father, particularly in light of pending criminal charges against the father. The court also had to consider the dismissal of extant applications and the return of subpoenaed documents and exhibits.
Justice Murphy ordered that the child, S, shall live with the mother. The child is to spend time with the father at such times as agreed in writing by the parents, or failing agreement, on alternate Sundays between 8.00 am and 5.00 pm. This time is to be spent in a public place within the town area of O, with changeovers to be agreed but consistent with any bail conditions applicable to the father. The court further ordered that any future applications to vary these orders be heard by Justice Murphy if possible, and that all other extant applications be dismissed. The Independent Children's Lawyer was discharged, and subpoenaed documents and exhibits were to be returned. The particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.
The court was required to determine the final living arrangements for the child, S, and the terms of the child's time with the father, particularly in light of pending criminal charges against the father. The court also had to consider the dismissal of extant applications and the return of subpoenaed documents and exhibits.
Justice Murphy ordered that the child, S, shall live with the mother. The child is to spend time with the father at such times as agreed in writing by the parents, or failing agreement, on alternate Sundays between 8.00 am and 5.00 pm. This time is to be spent in a public place within the town area of O, with changeovers to be agreed but consistent with any bail conditions applicable to the father. The court further ordered that any future applications to vary these orders be heard by Justice Murphy if possible, and that all other extant applications be dismissed. The Independent Children's Lawyer was discharged, and subpoenaed documents and exhibits were to be returned. The particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.
Details
Key Legal Topics
Areas of Law
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Family Law
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Criminal Law
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Civil Procedure
Legal Concepts
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Appeal
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Charge
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Remedies
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Costs
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Procedural Fairness
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