DEAKES & DEAKES
Case
•
[2015] FamCA 208
•29 January 2015
Details
AGLC
Case
Decision Date
DEAKES & DEAKES [2015] FamCA 208
[2015] FamCA 208
29 January 2015
CaseChat Overview and Summary
This matter concerned orders made by Benjamin J in relation to the children B and C. The primary dispute revolved around the living arrangements for the children and their time spent with each parent. The orders also addressed communication between the parties and with a Mr D, as well as the children's ongoing treatment and the appointment of an expert.
The court was required to determine the terms of consent orders and make determinations regarding the children's living arrangements and time with the father. Further issues included the parties' conduct in the presence of the children, communication about the proceedings, and the engagement of an expert. The court also needed to establish a framework for future proceedings, including witness lists and the potential relisting of the matter.
The court made orders by consent and by determination. By consent, the children were to live with the mother and neither party was to criticise the other or discuss the proceedings with the children. By determination, the children were to spend time with the father as directed by the Hobart Children’s Contact Service and any other time. The court also restrained both parties from discussing the proceedings with Mr D, directing him to communicate through the Independent Children’s Lawyer if he wished to make a statement. An expert, Mr E, was appointed.
The proceedings were listed for mention on 20 May 2015, at which time the parties were to provide a list of witnesses. Leave was granted for the parties to apply to relist the matter on seven days' notice.
The court was required to determine the terms of consent orders and make determinations regarding the children's living arrangements and time with the father. Further issues included the parties' conduct in the presence of the children, communication about the proceedings, and the engagement of an expert. The court also needed to establish a framework for future proceedings, including witness lists and the potential relisting of the matter.
The court made orders by consent and by determination. By consent, the children were to live with the mother and neither party was to criticise the other or discuss the proceedings with the children. By determination, the children were to spend time with the father as directed by the Hobart Children’s Contact Service and any other time. The court also restrained both parties from discussing the proceedings with Mr D, directing him to communicate through the Independent Children’s Lawyer if he wished to make a statement. An expert, Mr E, was appointed.
The proceedings were listed for mention on 20 May 2015, at which time the parties were to provide a list of witnesses. Leave was granted for the parties to apply to relist the matter on seven days' notice.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Expert Evidence
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Procedural Fairness
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Remedies
Actions
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Citations
DEAKES & DEAKES [2015] FamCA 208
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
Briginshaw v Briginshaw
[1938] HCA 34
Briginshaw v Briginshaw
[1938] HCA 34
Johnson & Page
[2007] FamCA 1235