Brown and Turner

Case

[2016] FamCA 635

8 July 2016


Details
AGLC Case Decision Date
Brown and Turner [2016] FamCA 635 [2016] FamCA 635 8 July 2016

CaseChat Overview and Summary

In the matter of Brown and Turner, Bennett J of the Family Court of Australia made orders concerning parenting arrangements for the children B, J, and T. The dispute involved the parents' arrangements for their children, with the court seeking to facilitate resolution and ensure the children's best interests were paramount.

The court was required to determine the process for gathering further information to assist in resolving the parenting dispute. Specifically, the court needed to order the preparation of a comprehensive family report and to outline the scope of that report, including the matters to be addressed by the Family Consultant. The court also needed to facilitate dispute resolution processes between the parties.

Bennett J ordered that a full family report be prepared by a Family Consultant, with the parties and children attending as directed. The report was to address the children's views, the factors relevant to their best interests under section 60CC of the *Family Law Act 1975*, the parents' capacity to cooperate, observations of the parties with the children, and recommendations for resolution. The Family Consultant was authorised to review all relevant documents. Additionally, the court ordered the parties to participate in a round table dispute mediation facilitated by Victoria Legal Aid, with the Family Consultant requested to be available to discuss the matter with the independent children's lawyer on the day of the conference. The matter was to be listed for mention following the mediation.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Natural Justice

  • Procedural Fairness

  • Remedies

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