Canh and Canh (No 2)
Case
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[2020] FamCA 941
•26 October 2020
Details
AGLC
Case
Decision Date
Canh and Canh (No 2) [2020] FamCA 941
[2020] FamCA 941
26 October 2020
CaseChat Overview and Summary
In *Canh and Canh (No 2)*, Austin J of the Family Court of Australia considered applications by the father concerning interim parenting orders and procedural matters. The mother opposed the father's application for a stay of procedural orders relating to single expert witnesses, and also opposed his request for expanded time with the children on an interim basis.
The court was required to determine whether to grant the father's application to stay procedural orders concerning single expert witnesses, and whether to grant the father's request for an expansion of the children's time with him on an interim basis. The court also considered the mother's application for an injunction restraining both parties from taking the children to medical providers without the other's consent.
Austin J dismissed the father's application for a stay of procedural orders, noting the absence of supporting evidence in his affidavit and finding no reasonable basis for such a stay. Regarding the children's time with the father, the court found an inconsistency between the father's proposal and the basis of his appeal from the interim parenting orders, particularly given the mother's relocation and the parties' agreement on the children's new school. Despite the mother's opposition, the court ordered an expansion of the children's time with the father. The court declined to make the injunction sought by the mother.
The court ordered that a specific interim parenting order be amended to extend the children's time with the father until Monday morning, rather than Sunday evening. All other outstanding applications for interim relief, including the father's application to stay procedural orders and the mother's application for an injunction, were dismissed. No order was made as to costs.
The court was required to determine whether to grant the father's application to stay procedural orders concerning single expert witnesses, and whether to grant the father's request for an expansion of the children's time with him on an interim basis. The court also considered the mother's application for an injunction restraining both parties from taking the children to medical providers without the other's consent.
Austin J dismissed the father's application for a stay of procedural orders, noting the absence of supporting evidence in his affidavit and finding no reasonable basis for such a stay. Regarding the children's time with the father, the court found an inconsistency between the father's proposal and the basis of his appeal from the interim parenting orders, particularly given the mother's relocation and the parties' agreement on the children's new school. Despite the mother's opposition, the court ordered an expansion of the children's time with the father. The court declined to make the injunction sought by the mother.
The court ordered that a specific interim parenting order be amended to extend the children's time with the father until Monday morning, rather than Sunday evening. All other outstanding applications for interim relief, including the father's application to stay procedural orders and the mother's application for an injunction, were dismissed. No order was made as to costs.
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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Stay of Proceedings
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Costs
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Injunction
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Appeal
Actions
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Citations
Canh and Canh (No 2) [2020] FamCA 941
Cases Citing This Decision
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