Collery and Collery

Case

[2010] FamCA 426

19 May 2010


Details
AGLC Case Decision Date
Collery and Collery [2010] FamCA 426 [2010] FamCA 426 19 May 2010

CaseChat Overview and Summary

The parties to this matter were the father and the mother, with the dispute concerning parenting orders for their children. The proceedings were before Murphy J in the Family Court of Australia.

The court was required to determine the parenting arrangements for the children, specifically whether they should live with the mother, and to make orders regarding communication between the father and the children, and the involvement of health professionals in facilitating any future relationship. The court also considered the role and authority of the Independent Children's Lawyer in gathering information from health professionals.

Murphy J ordered that the children live with the mother and discharged all previous parenting orders. The court made extensive orders concerning the involvement of health professionals, authorising the Independent Children's Lawyer to publish reports and transcripts to treating practitioners and to obtain information regarding the children's treatment and any proposed future relationship with the father. The orders also provided mechanisms for the father to communicate with the children through health professionals, with the ultimate decision on whether to pass on such communication resting with the professionals based on the children's best interests and therapeutic relationships. The father also undertook not to approach the mother's residence and to have limited communication with the children's health professionals.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Costs

  • Appeal

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Knibbs & Knibbs [2009] FamCA 840