Coleman and Hindle and Ors (Miscellaneous Applications)
Case
•
[2009] FamCA 1039
•23 October 2009
Details
AGLC
Case
Decision Date
Coleman and Hindle and Ors (Miscellaneous Applications) [2009] FamCA 1039
[2009] FamCA 1039
23 October 2009
CaseChat Overview and Summary
This matter came before Murphy J concerning various applications made by the maternal grandparents, Mr. Coleman and his wife, and the mother, in relation to parenting orders for two children. The proceedings involved a contravention application, applications to intervene, applications in a case, and an application for the judge to disqualify himself.
The court was required to determine a multitude of applications, including whether the maternal grandfather should be granted leave to intervene in proceedings for parenting orders, and whether various contravention applications and applications in a case, filed by the maternal grandmother, should be dismissed. Further issues included the dismissal of an application for a stay of previous orders and an application for the adjournment of an interim parenting application. The court also considered an oral application by the maternal grandmother for the judge to disqualify himself.
Murphy J dismissed the majority of the applications brought by the maternal grandmother, including her contravention applications and several applications in a case. The court granted the maternal grandfather leave to intervene in the parenting proceedings and allowed the maternal grandparents to appear by telephone. Crucially, the court made interim parenting orders, to take effect upon the cessation of a state child welfare law order, stipulating that the children would live with their mother, spend time with their father as agreed, and spend no time with their maternal grandparents. The court also ordered that the maternal grandparents were not to communicate with the children without further order, though the children would be permitted to contact them by card or letter if they expressed a desire to do so. The maternal grandmother's application for an adjournment and her oral application for the judge's disqualification were dismissed.
The court was required to determine a multitude of applications, including whether the maternal grandfather should be granted leave to intervene in proceedings for parenting orders, and whether various contravention applications and applications in a case, filed by the maternal grandmother, should be dismissed. Further issues included the dismissal of an application for a stay of previous orders and an application for the adjournment of an interim parenting application. The court also considered an oral application by the maternal grandmother for the judge to disqualify himself.
Murphy J dismissed the majority of the applications brought by the maternal grandmother, including her contravention applications and several applications in a case. The court granted the maternal grandfather leave to intervene in the parenting proceedings and allowed the maternal grandparents to appear by telephone. Crucially, the court made interim parenting orders, to take effect upon the cessation of a state child welfare law order, stipulating that the children would live with their mother, spend time with their father as agreed, and spend no time with their maternal grandparents. The court also ordered that the maternal grandparents were not to communicate with the children without further order, though the children would be permitted to contact them by card or letter if they expressed a desire to do so. The maternal grandmother's application for an adjournment and her oral application for the judge's disqualification were dismissed.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Jurisdiction
-
Procedural Fairness
-
Remedies
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Jaeger & Gaspari [2021] FCCA 1466
Cases Cited
4
Statutory Material Cited
2
Williams v Spautz
[1992] HCA 34
Williams v Spautz
[1992] HCA 34
Goode & Goode
[2006] FamCA 1346