DAEGER & DAEGER

Case

[2019] FCCA 3929

17 July 2019


Details
AGLC Case Decision Date
DAEGER & DAEGER [2019] FCCA 3929 [2019] FCCA 3929 17 July 2019

CaseChat Overview and Summary

In *Daeger & Daeger*, Altobelli J of the Family Court of Australia considered an application for interim parenting orders where each parent had made serious allegations concerning the risk of harm to the children posed by the other parent, while simultaneously denying those allegations. The court noted the likelihood of false or exaggerated allegations and denials being made by both parties.

The central legal issue before the court was how to best protect the children's welfare and best interests on an interim basis, given the deeply entrenched and conflicting allegations of harm. This required the court to assess the credibility of the allegations and determine the appropriate level of contact between the children and each parent pending a final determination of the parenting dispute.

Altobelli J applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the paramountcy of the child's best interests and the need to protect children from harm. The court found that, on the material before it, it was in the children's best interests to remain in the primary care of the mother. The father was to have supervised time with the children.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Procedural Fairness

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Cases Citing This Decision

2

DAEGER & DAEGER (No.2) [2020] FCCA 2500
Daeger & Daeger (No 2) [2023] FedCFamC1F 19
Cases Cited

10

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346
Insley & Insley [2018] FCCA 438