Carpenter and Carpenter

Case

[2018] FCCA 2979

18 September 2018


Details
AGLC Case Decision Date
Carpenter and Carpenter [2018] FCCA 2979 [2018] FCCA 2979 18 September 2018

CaseChat Overview and Summary

This matter came before Judge Harman concerning a dispute between Carpenter and Carpenter. The specific nature of the dispute is not detailed, but the orders made indicate it involves family law proceedings, likely concerning children.

The court was required to determine the appropriate orders to be made in relation to the parties' participation in family counselling and related programs. This included assessing the suitability of the parties for counselling, their attendance and payment for such services, and the reporting requirements in the event counselling was deemed inappropriate or declined. The court also considered the parties' obligation to complete an online parenting program and to file affidavits detailing their learning and intended implementation of that learning.

Judge Harman made consent orders in accordance with a Minute of Order executed by the parties. The court directed the parties to contact Relationships Australia for family counselling assessment and attendance, subject to suitability and payment. The court also ordered each party to register with and complete the online program at www.uptoparents.org within four weeks, providing proof of completion. Furthermore, the parties were ordered to file affidavits prior to the next court event, summarising their learning from counselling and its intended application to their parenting, without breaching confidentiality. The court also stipulated that failure to comply with the counselling orders would require the non-compliant party to show cause why their application or response should not be dismissed. Leave was granted for the parties to forward signed Terms of Settlement to the court for orders to be made in chambers if the matter was resolved. The matter was adjourned for further mention and directions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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