Bradley and Cooper (No. 3)
Case
•
[2008] FamCA 586
•22 July 2008
Details
AGLC
Case
Decision Date
Bradley and Cooper (No. 3) [2008] FamCA 586
[2008] FamCA 586
22 July 2008
CaseChat Overview and Summary
In *Bradley and Cooper (No. 3)*, Brown J of the Family Court of Australia was required to determine applications for final parenting orders in a dispute between the mother and father concerning the residence of their two children. The proceedings involved ongoing litigation, with previous judgments delivered on 15 January, 14 May, and 22 July 2008.
The central legal issues before the court included the alleged change in the children's views since an earlier Family Report, and the potential impact on the children of the father's admitted failure to comply with previous orders requiring him to return the children to the mother after changeovers. The court also considered the father's compliance with procedural orders, specifically an affidavit detailing his time with the children since the final orders of 14 May 2008.
Brown J ordered that an updated Family Report be prepared and released by 17 October 2008. The family consultant was directed to review a comprehensive list of documents, including previous judgments, affidavits, school records, and the Department of Human Services file, prior to meeting with the parties and children. The mother was also ordered to provide a tape recording of a changeover for the family consultant to review. The court further directed that the updated Family Report address the children's alleged change in views and the consequences of the father's non-compliance with residence orders. The competing applications for final parenting orders were listed for mention on 17 November 2008. The court noted that previous orders remained in effect and that the father had failed to comply with a specific affidavit requirement.
The central legal issues before the court included the alleged change in the children's views since an earlier Family Report, and the potential impact on the children of the father's admitted failure to comply with previous orders requiring him to return the children to the mother after changeovers. The court also considered the father's compliance with procedural orders, specifically an affidavit detailing his time with the children since the final orders of 14 May 2008.
Brown J ordered that an updated Family Report be prepared and released by 17 October 2008. The family consultant was directed to review a comprehensive list of documents, including previous judgments, affidavits, school records, and the Department of Human Services file, prior to meeting with the parties and children. The mother was also ordered to provide a tape recording of a changeover for the family consultant to review. The court further directed that the updated Family Report address the children's alleged change in views and the consequences of the father's non-compliance with residence orders. The competing applications for final parenting orders were listed for mention on 17 November 2008. The court noted that previous orders remained in effect and that the father had failed to comply with a specific affidavit requirement.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Discovery
-
Procedural Fairness
-
Remedies
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
3