Borchard and Portner
Case
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[2019] FamCA 236
•5 April 2019
Details
AGLC
Case
Decision Date
Borchard and Portner [2019] FamCA 236
[2019] FamCA 236
5 April 2019
CaseChat Overview and Summary
In *Borchard and Portner*, Austin J of the Family Court of Australia made interim orders concerning the parenting of a child born in 2007. The proceedings involved applications for interim relief by both the father and the mother, which were ultimately dismissed.
The court was required to determine the interim parenting arrangements for the child, including issues of parental responsibility, the child's living arrangements, and the nature and extent of the child's time with each parent. The court also had to consider the procedural steps necessary to prepare the matter for trial.
Austin J ordered that all previous parenting orders be suspended and that the father have sole parental responsibility for the child, with the child to live with him. The mother was to have supervised time with the child each alternate Saturday. The court also made detailed orders regarding the exchange of the child, the provision of information about the orders and potential consequences of contravention, and the dismissal of various interim applications. The trial was listed for July 2019, with specific directions for the filing of amended applications, affidavits, and a Case Outline Document. Leave was granted for the father to file one affidavit and for the mother to file affidavits for herself and Ms E. The Independent Children's Lawyer was to rely on the Family Consultant as a witness, and leave was granted to issue subpoenas to the child's school principal and treating psychologist. The parties advised the court that they required an expedited trial and did not require a Family Report.
The court was required to determine the interim parenting arrangements for the child, including issues of parental responsibility, the child's living arrangements, and the nature and extent of the child's time with each parent. The court also had to consider the procedural steps necessary to prepare the matter for trial.
Austin J ordered that all previous parenting orders be suspended and that the father have sole parental responsibility for the child, with the child to live with him. The mother was to have supervised time with the child each alternate Saturday. The court also made detailed orders regarding the exchange of the child, the provision of information about the orders and potential consequences of contravention, and the dismissal of various interim applications. The trial was listed for July 2019, with specific directions for the filing of amended applications, affidavits, and a Case Outline Document. Leave was granted for the father to file one affidavit and for the mother to file affidavits for herself and Ms E. The Independent Children's Lawyer was to rely on the Family Consultant as a witness, and leave was granted to issue subpoenas to the child's school principal and treating psychologist. The parties advised the court that they required an expedited trial and did not require a Family Report.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Borchard and Portner [2019] FamCA 236
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Banks & Banks
[2015] FamCAFC 36
Goode & Goode
[2006] FamCA 1346