Darley and Darley (No. 4)

Case

[2017] FamCA 850

25 October 2017


Details
AGLC Case Decision Date
Darley and Darley (No. 4) [2017] FamCA 850 [2017] FamCA 850 25 October 2017

CaseChat Overview and Summary

In *Darley and Darley (No. 4)*, Hogan J of the Family Court of Australia considered an application to amend existing orders concerning the time spent by the children, X and Y, with their father. The dispute centred on the specific arrangements for the children's time with the father, following previous orders made on 13 October 2016 and 29 August 2016.

The court was required to determine how to amend the existing orders to reflect the agreed-upon arrangements for the children's time with the father. This involved considering the discharge of a previous clause and the insertion of new provisions detailing specific periods of time the children would spend with the father, including collection and changeover arrangements.

Hogan J applied the principles of the *Family Law Act 1975* (Cth), specifically sections 65DA(2) and 62B, to ensure the orders were clear and that the parties understood the consequences of contravention. The court amended the previous order of 13 October 2016 by inserting a reference to a subsequent amendment on 25 October 2017. Clause (2) of the order made on 29 August 2016 was discharged. The court then made new orders, effective until further order, detailing a schedule for the children to spend time with the father, commencing from 27 October 2017 and extending into January 2018, with specific changeover locations and times. The parties were granted liberty to apply on 48 hours' notice, and a fact sheet detailing obligations, consequences of contravention, and support services was incorporated into the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Darley & Darley (No 6) [2023] FedCFamC1F 537
Cases Cited

0

Statutory Material Cited

2