Cornwall and Mirwais

Case

[2009] FamCA 179

25 February 2009


Details
AGLC Case Decision Date
Cornwall and Mirwais [2009] FamCA 179 [2009] FamCA 179 25 February 2009

CaseChat Overview and Summary

This matter concerned an application before Faulks DCJ in the Magistrates Court of the Australian Capital Territory, involving the parents of a child named E. The dispute centred on arrangements for the child's time with her father, following previous consent orders.

The court was required to determine the terms of interim parenting orders concerning the child E's time with her father, and to establish a framework for further investigation and resolution of outstanding matters. Key issues included ensuring the child's safety and best interests during contact with the father, and the need for expert assessment and independent representation.

Faulks DCJ made interim orders for the child E to spend time with her father on specified days and times, with the crucial condition that this time be supervised at all times by the paternal grandmother. The grandmother was directed to terminate contact and report to the court via an Independent Children's Lawyer if she felt it was not in the child's best interests. The court also ordered the appointment of an Independent Children's Lawyer, requested a family report, and prohibited discussion of the proceedings or allegations of sexual abuse with the child. The proceedings were adjourned pending further investigation and the parties were directed to settle draft Terms of Reference for the family report.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

  • Expert Evidence

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

M v M [1988] HCA 68
Marvin and Whitney [2010] FamCA 887