Deakin & Parry
Case
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[2009] FamCA 252
•19 March 2009
Details
AGLC
Case
Decision Date
Deakin & Parry [2009] FamCA 252
[2009] FamCA 252
19 March 2009
CaseChat Overview and Summary
In the Family Court of Australia, Barry J considered interim parenting orders concerning a child, A, born in 2001, and property matters. The dispute involved the father's time spent with the child and the supervision of that time, as well as the division of a modest property pool.
The court was required to determine whether the father's partner, Ms G, was an appropriate neutral supervisor for the child's time with the father, and to make interim orders regarding this arrangement. Additionally, the court needed to decide how to manage the property proceedings in light of the modest pool of assets.
Barry J reasoned that Ms G was an appropriate supervisor for the interim period, ordering that the father spend time with the child every Saturday from 9:00 am to 5:00 pm in her presence, with Ms G responsible for collection and return of the child to the Police Station at B. All previous orders regarding the father's time and telephone communication with the child were suspended. The court also adjourned the property issues to trial, indicating that these matters would be dealt with at a later stage.
The proceedings were adjourned for trial directions and case management review on 11 June 2009, with liberty to attend by telephone. The trial was listed for three days commencing 21 July 2009. Liberty was granted to either party to apply on forty-eight hours' written notice. The orders also included a document detailing obligations, consequences of contravention, and assistance available for compliance, pursuant to ss 62B and 65DA(2) of the relevant legislation.
The court was required to determine whether the father's partner, Ms G, was an appropriate neutral supervisor for the child's time with the father, and to make interim orders regarding this arrangement. Additionally, the court needed to decide how to manage the property proceedings in light of the modest pool of assets.
Barry J reasoned that Ms G was an appropriate supervisor for the interim period, ordering that the father spend time with the child every Saturday from 9:00 am to 5:00 pm in her presence, with Ms G responsible for collection and return of the child to the Police Station at B. All previous orders regarding the father's time and telephone communication with the child were suspended. The court also adjourned the property issues to trial, indicating that these matters would be dealt with at a later stage.
The proceedings were adjourned for trial directions and case management review on 11 June 2009, with liberty to attend by telephone. The trial was listed for three days commencing 21 July 2009. Liberty was granted to either party to apply on forty-eight hours' written notice. The orders also included a document detailing obligations, consequences of contravention, and assistance available for compliance, pursuant to ss 62B and 65DA(2) of the relevant legislation.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Remedies
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Citations
Deakin & Parry [2009] FamCA 252
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