Delacroix and Delacroix

Case

[2014] FamCA 941

10 September 2014


Details
AGLC Case Decision Date
Delacroix and Delacroix [2014] FamCA 941 [2014] FamCA 941 10 September 2014

CaseChat Overview and Summary

This matter concerned an application before Aldridge J in the Family Court of Australia, involving the parents, Mr Delacroix and Ms Delacroix, and their children H and J. The dispute centred on parenting arrangements for the children, specifically concerning the time J would spend with his father.

The court was required to determine the appropriate interim parenting orders for J, including the allocation of time between the parents, and to consider the preparation of a family report to assist in future determinations. The court also had to address the father's undertaking regarding alcohol consumption while J is in his care.

Aldridge J granted leave for the parties' legal representatives to inspect subpoena material produced by Dr KR. The court then made interim orders for J to spend time with his father on alternate weekends and for one weeknight each alternate week, with J to otherwise live with his mother. Pursuant to section 62G of the *Family Law Act 1975* (Cth), the court ordered a Family Consultant to prepare a family report addressing the matters outlined in section 60CC of the Act, including the children's views, their relationships with parents and others, parental involvement in decision-making and time spent with the children, parental fulfilment of maintenance obligations, the likely effect of changes in circumstances, the practicalities of spending time and communicating with parents, parental capacity to provide for the children's needs, the children's and parents' characteristics, cultural considerations for Aboriginal or Torres Strait Islander children, parental attitudes to parenthood, any family violence, inferences from family violence orders, and any other relevant facts or circumstances. The parties were ordered to ensure the children attended all appointments nominated by the Family Consultant, and the consultant was granted leave to inspect subpoena material. The court noted the father's undertaking not to consume alcohol while J was in his care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0