BUTTERS & BUTTERS
Case
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[2017] FamCA 801
•11 October 2017
Details
AGLC
Case
Decision Date
BUTTERS & BUTTERS [2017] FamCA 801
[2017] FamCA 801
11 October 2017
CaseChat Overview and Summary
This matter concerned interim parenting orders made by McClelland J in the Family Court of Australia. The dispute involved the living arrangements and time spent between a child, B, and her parents, as well as orders relating to therapy and parental conduct.
The court was required to determine the interim living arrangements for B, specifying the time B would spend with each parent during school terms and holidays. Additionally, the court needed to consider and make orders regarding restraints on the parents' conduct towards each other and in the presence of the children, and to address the ongoing therapy arrangements for the children.
McClelland J made orders varying previous parenting orders to provide that B live with the father. The court also set out a detailed schedule for B to spend time with the mother during school terms, ensuring this time coincided with B spending weekends with her siblings. Orders were made restraining both parents from denigrating the other parent or discussing the proceedings with the children. Existing therapy orders were discharged, and new orders were made requiring both parents to facilitate the children's attendance and participation in therapy with C Group, and to comply with C Group's recommendations, including counselling if directed. The Independent Children's Lawyer was granted leave to liaise with C Group and to obtain reporting letters regarding the children's progress. The parties were to share equally the costs of therapy.
The court noted that the Independent Children's Lawyer was requested to explain the orders to B, and that the matter was listed for a final hearing. The parties had also agreed for a single expert report to be prepared.
The court was required to determine the interim living arrangements for B, specifying the time B would spend with each parent during school terms and holidays. Additionally, the court needed to consider and make orders regarding restraints on the parents' conduct towards each other and in the presence of the children, and to address the ongoing therapy arrangements for the children.
McClelland J made orders varying previous parenting orders to provide that B live with the father. The court also set out a detailed schedule for B to spend time with the mother during school terms, ensuring this time coincided with B spending weekends with her siblings. Orders were made restraining both parents from denigrating the other parent or discussing the proceedings with the children. Existing therapy orders were discharged, and new orders were made requiring both parents to facilitate the children's attendance and participation in therapy with C Group, and to comply with C Group's recommendations, including counselling if directed. The Independent Children's Lawyer was granted leave to liaise with C Group and to obtain reporting letters regarding the children's progress. The parties were to share equally the costs of therapy.
The court noted that the Independent Children's Lawyer was requested to explain the orders to B, and that the matter was listed for a final hearing. The parties had also agreed for a single expert report to be prepared.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Expert Evidence
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Remedies
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Citations
BUTTERS & BUTTERS [2017] FamCA 801
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
1
Newton & Henzel
[2016] FamCA 323
Sigley & Evor
[2011] FamCAFC 22
M v M
[1988] HCA 68