Berry and Davis

Case

[2014] FamCA 412

7 April 2014


Details
AGLC Case Decision Date
Berry and Davis [2014] FamCA 412 [2014] FamCA 412 7 April 2014

CaseChat Overview and Summary

In the matter of *Berry and Davis*, heard by Rees J, the dispute concerned parenting orders for two children, S and C. The father sought the return of the children to the Sydney Metropolitan Area or the Central Coast of New South Wales, while the mother sought orders for the children to live with her.

The court was required to determine the primary issue of where the children should live and whether the father's application for their return to New South Wales should be granted. Additionally, the court had to consider the terms of the father's future contact with the children, including the location and supervision of such contact, and the arrangements for telephone contact. The court also addressed the venue for the proceedings and the provision of information regarding the obligations and consequences of the orders made.

Rees J ordered that the children live with the mother and dismissed the father's application for their return to New South Wales. The father was granted supervised contact with the children on weekends, to be facilitated by an accredited children's contact centre, with specific arrangements for telephone contact on Sunday evenings. The venue of the proceedings was changed to the Family Court of Australia sitting at Townsville. The orders also included a Fact Sheet detailing the obligations, consequences of contravention, and sources of assistance for compliance.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

4

Ember & Assadi [2013] FamCAFC 107