Davenort and Garrod

Case

[2016] FamCA 93

16 February 2016


Details
AGLC Case Decision Date
Davenort and Garrod [2016] FamCA 93 [2016] FamCA 93 16 February 2016

CaseChat Overview and Summary

In the matter of *Davenort and Garrod*, Dawe J considered orders concerning the time a father would spend with his child. The dispute involved the terms and conditions under which contact would occur, including the location, duration, and supervision of these sessions, as well as orders restraining the parties from discussing the proceedings or denigrating each other in the child's presence.

The court was required to determine the appropriate arrangements for the child's contact with the father, balancing the child's welfare with the father's right to spend time with the child. This involved establishing a phased approach to contact, commencing with supervised sessions at specific contact centres and gradually transitioning to less supervised contact. The court also had to consider whether to grant injunctions restraining the parties from certain behaviours towards the child and each other.

Dawe J ordered a staged increase in the father's time with the child. Initially, contact was to occur for two hours on alternate weekends at the Suburb G Contact Centre, followed by two sessions at the C Town Contact Centre. Thereafter, contact was to be on alternate Saturdays, starting with four-hour periods and then extending to six-hour periods. Crucially, during all contact times outside the designated centres, the child was to be primarily in the presence of nominated supervisors. The court also granted injunctions restraining both parties from discussing the proceedings or denigrating each other in the child's presence, and from using or permitting physical discipline of the child. The father was permitted to liaise with the child's school regarding the child's progress, provided the school did not disclose the mother's or child's address. All outstanding interim applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

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