BENDER & MATTHEWS

Case

[2018] FamCA 184

27 March 2018


Details
AGLC Case Decision Date
BENDER & MATTHEWS [2018] FamCA 184 [2018] FamCA 184 27 March 2018

CaseChat Overview and Summary

In the matter of *Bender & Matthews*, the mother applied to the court seeking the removal of supervision restrictions that had been imposed by final orders made in 2013, 2014, and 2015. The father responded to this application. The case was heard by Cronin J.

The central legal issue before the court was whether the mother had demonstrated a sufficient change in circumstances to warrant the variation or removal of the existing supervision restrictions. The court was required to consider the impact of any alleged changes on the welfare of the children concerned.

Cronin J dismissed the mother's application, finding that there had been no material change in circumstances since the making of the final orders. The court applied the principle that, in the absence of a significant change in circumstances, final parenting orders are generally to be upheld to provide stability and certainty for the children. The existing restrictions were deemed to remain necessary and appropriate.

Consequently, the mother's application filed on 26 October 2017, and the father's response filed on 5 December 2017, were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Neil v Nott [1994] HCA 23
Neil v Nott [1994] HCA 23
Poisat & Poisat [2014] FamCAFC 128