Brock and Brock and Ors

Case

[2017] FamCA 654

18 August 2017


Details
AGLC Case Decision Date
Brock and Brock and Ors [2017] FamCA 654 [2017] FamCA 654 18 August 2017

CaseChat Overview and Summary

This matter concerned orders made by Watts J in proceedings between Brock and Brock and Ors. The dispute involved the living arrangements and time spent between two children, B and C, and their respective parents, as well as orders concerning communication, parental responsibility, and the involvement of an Independent Children's Lawyer.

The court was required to determine a range of issues relating to the welfare of the children, including where they would live, the schedule for them to spend time with each parent, and how information about their health and education would be shared. Further issues included the extent to which each parent would have sole responsibility for long-term decisions concerning the children, and the nature of contact permitted with the Applicant Mother and Mr E. The court also considered the need for expert evidence regarding the mental health, family violence, and substance use issues of the parties and children, and the potential for parentage testing.

Watts J made detailed orders regarding the children's living arrangements and time spent with each parent, including specific provisions for school terms and holidays, and changeover procedures. The court also imposed restraints on parties criticising each other in the children's presence and discussing proceedings with them. Orders were made for each parent to have sole parental responsibility for long-term decisions concerning B and C respectively, with provisions for information sharing. The court also directed the Independent Children's Lawyer to arrange for an expert report from Dr M, addressing various welfare concerns and the issue of parentage, with a final hearing scheduled for April 2018.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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