Cordone and Bay

Case

[2009] FamCA 782

17 July 2009


Details
AGLC Case Decision Date
Cordone and Bay [2009] FamCA 782 [2009] FamCA 782 17 July 2009

CaseChat Overview and Summary

In the Family Court of Australia, Justice Murphy considered a dispute between the father and mother concerning their children, J and W. The proceedings involved applications related to the children's time with the father and the mother's conduct.

The court was required to determine the arrangements for the father's time with the children, including the necessity and nature of supervision, and to consider the preparation of a report by a Family Consultant. Further issues included the mother's use of the children's names and the ability of the Independent Children's Lawyer to obtain information from various government agencies. The court also needed to ensure the parties understood their obligations and the consequences of contravention.

Justice Murphy ordered that the matter be adjourned for further directions. Crucially, the father was to spend time with the children under the supervision of a Family Consultant for approximately six months, with the consultant to report on observations and opinions. The mother was restrained from referring to the children by any name other than their birth certificate names, pending agreement or further order. The Independent Children's Lawyer was granted leave to issue subpoenas to the Queensland Police Service, Victorian Police Service, and the Department of Community Services (Child Safety), with specific directions regarding consultation and the receipt of a report from the Department before issuing a subpoena to it. The court also incorporated a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance into the orders.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Remedies

  • Judicial Review

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