Deforest and Deforest

Case

[2018] FCCA 1330

7 May 2018


Details
AGLC Case Decision Date
Deforest and Deforest [2018] FCCA 1330 [2018] FCCA 1330 7 May 2018

CaseChat Overview and Summary

In the matter of *Deforest and Deforest*, heard before Judge Middleton, the dispute concerned parenting arrangements for two children, [X] born in 2006 and [Y] born in 2011. The court was required to make orders regarding the children's future care and contact arrangements.

The primary legal issue before the court was how to best determine the children's interests in light of the parties' dispute. The court considered its powers under the *Family Law Act 1975*, particularly in relation to obtaining expert assistance to inform its decision-making.

Judge Middleton made orders in accordance with a proposal put forward by the Mother, with amendments. Crucially, the court ordered the parties and the children to attend a child-inclusive conference with a family consultant pursuant to section 11F(1) of the *Family Law Act 1975*. The court also advised the parties of the consequences of failing to comply with the order or any instructions from the family consultant, noting that such failures would be reported to the court, which could then make further orders. The matter was adjourned for a directions hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
SS & AH [2010] FamCAFC 13