Collingwood and Collingwood
Case
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[2020] FamCA 390
•21 May 2020
Details
AGLC
Case
Decision Date
Collingwood and Collingwood [2020] FamCA 390
[2020] FamCA 390
21 May 2020
CaseChat Overview and Summary
In *Collingwood and Collingwood*, Rees J of the Family Court of Australia considered an application concerning the communication arrangements between a father and his three children. The dispute centred on how the children would communicate with their father, particularly in light of the practicalities of implementing such arrangements.
The primary legal issue before the court was to determine the specific orders to be made regarding the children's communication with their father. This involved establishing the frequency, duration, and method of communication, as well as addressing practical considerations such as privacy and the facilitation of the communication technology. The court also had to consider the role of the Independent Children's Lawyer in the implementation of any orders made.
Rees J ordered that the children communicate with their father via Zoom each Saturday for up to half an hour. The mother was directed to facilitate this by providing the children with her mobile phone for the calls and sending the Zoom invitation to the father by text and email. Crucially, the court stipulated that the children were to be afforded privacy during these calls, and no party or participant was permitted to record them. The court also made directions regarding the filing of further material by the mother and granted leave to the Independent Children's Lawyer to relist the matter if necessary for the implementation of these orders. The orders were to be accompanied by a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The primary legal issue before the court was to determine the specific orders to be made regarding the children's communication with their father. This involved establishing the frequency, duration, and method of communication, as well as addressing practical considerations such as privacy and the facilitation of the communication technology. The court also had to consider the role of the Independent Children's Lawyer in the implementation of any orders made.
Rees J ordered that the children communicate with their father via Zoom each Saturday for up to half an hour. The mother was directed to facilitate this by providing the children with her mobile phone for the calls and sending the Zoom invitation to the father by text and email. Crucially, the court stipulated that the children were to be afforded privacy during these calls, and no party or participant was permitted to record them. The court also made directions regarding the filing of further material by the mother and granted leave to the Independent Children's Lawyer to relist the matter if necessary for the implementation of these orders. The orders were to be accompanied by a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Remedies
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Jurisdiction
Actions
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Most Recent Citation
ALBISTON & PEDANO [2020] FCCA 3628
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