Bentleigh and Bentleigh

Case

[2018] FamCA 264

27 April 2018


Details
AGLC Case Decision Date
Bentleigh and Bentleigh [2018] FamCA 264 [2018] FamCA 264 27 April 2018

CaseChat Overview and Summary

The matter of *Bentleigh and Bentleigh* concerned an application before Hannam J in the Federal Circuit Court of Australia. The dispute involved parenting orders concerning two children, B and C. The orders were made by consent in part, with further orders determined by the court.

The court was required to determine the terms of parenting orders addressing the children's counselling and therapy, the recording of conversations with the children, and the presentation of the children to services or agencies regarding complaints about the other parent. Additionally, the court considered an interim parenting application filed by the father and the need for therapeutic counselling for the parents and children.

Hannam J made orders by consent restraining the mother from permitting the children to engage in counselling or therapy without the father's consent, and restraining both parties from recording conversations with the children. Both parties were also restrained from presenting the children to any service or agency regarding complaints about the other parent, except as previously ordered. The father's interim parenting application was dismissed. The court further ordered that the parents, within 21 days, contact CC Psychology to arrange an intake appointment for therapeutic counselling for themselves and the children. The parents were directed to ensure the children's attendance at all scheduled appointments, attend themselves as requested by the therapist, and comply with the therapist's recommendations. The Independent Children’s Lawyer was directed to provide specific reports and previous judgments to the therapist.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

1

Bentleigh and Bentleigh [2017] FamCA 294
Prewett & Mann [2013] FamCAFC 130
Langmeil & Grange [2013] FamCAFC 31