COLDHAM & REAGER

Case

[2020] FCCA 2559

11 September 2020


Details
AGLC Case Decision Date
Coldham and Reager [2020] FCCA 2559 [2020] FCCA 2559 11 September 2020

CaseChat Overview and Summary

In the matter of *Coldham & Reager*, Judge Newbrun of the Federal Circuit Court of Australia made interim parenting orders concerning the living arrangements and time spent between a child and their parents. The dispute centred on the best interests of the child, a paramount consideration in family law proceedings.

The court was required to determine the primary residence of the child and the specific arrangements for the child to spend time with each parent. Additionally, the court needed to establish protocols for communication, information sharing, and parental conduct to promote a positive environment for the child. The court also ordered the preparation of a family report to assist in future determinations.

In reaching its decision, the court discharged previous orders regarding the child's time with the mother and ordered that the child live with the father. Specific time arrangements were then detailed, including alternate weekends, school holidays, and provisions for communication. The court also mandated that both parents attend all of the child's events and keep each other informed of the child's welfare. Crucially, the court ordered the parties and the child to attend an assessment with a family consultant for the preparation of a family report, which would address various aspects of the child's relationships, welfare, and the parents' capacities, pursuant to section 62G(2) of the *Family Law Act 1975* (Cth).

The proceedings were adjourned for mention following the release of the family report, with the interim orders to remain in place pending further order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

Marvel & Marvel [2010] FamCAFC 101
SS & AH [2010] FamCAFC 13
Eaby & Speelman [2015] FamCAFC 104