Bertram and Patch and Anor

Case

[2016] FCCA 2705

28 September 2016


Details
AGLC Case Decision Date
Bertram and Patch and Anor [2016] FCCA 2705 [2016] FCCA 2705 28 September 2016

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Judge Harland presided over proceedings involving Bertram and Patch (the applicant) and the first respondent. The dispute concerned the welfare and living arrangements of two children, X and Y.

The court was required to determine several urgent matters, including the immediate return of child X to the applicant, the enrolment of X in preschool and primary school, and the interim living arrangements for both X and Y. The court also needed to address the father's contact with X and the consequences of contravening the court's orders.

Judge Harland ordered the return of child X to the applicant by 30 September 2016, with handover at a specified location. The parties were directed to sign enrolment forms for X's schooling, with the applicant permitted to enrol X without the father's consent if he failed to do so within 48 hours of request. Until further order, both children, X and Y, were to live with the applicant, and the father was to spend time with them as agreed. The father was also granted liberty to telephone X daily. The proceeding was adjourned for an interim contested hearing, and the first respondent was ordered to file and serve a Response and Affidavit in support. The orders incorporated particulars regarding obligations, consequences of contravention, and assistance for compliance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2