FAMILY COURT OF AUSTRALIA
| DENNIS & DENNIS AND ANOR | [2017] FamCA 1066 |
| FAMILY LAW – CHILDREN – INTERIM DETERMINATION – Where father deceased – Where children live with paternal grandmother – Where mother having supervised time with youngest child – Where mother seeks that her time be increased and no longer supervised – Where issue of lifting of supervision resolved by agreement – Where issue for determination is mother’s time with child pending further order or trial – Where consideration of applicable principles. |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA |
| Banks & Banks [2015] FamCAFC 36 |
| APPLICANT: | Ms Dennis |
| FIRST RESPONDENT: | Mr Dennis |
| SECOND RESPONDENT: | Ms B Dennis |
| INDEPENDENT CHILDREN’S LAWYER: | Mr Macdiarmid |
| FILE NUMBER: | PAC | 4089 | of | 2014 |
| DATE DELIVERED: | 20 December 2017 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 8 December 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Alexander |
| SOLICITOR FOR THE APPLICANT: | Caldwell Martin Cox |
| SOLICITOR FOR THE FIRST RESPONDENT: | Marsdens Law Group |
| SOLICITOR FOR THE SECOND RESPONDENT: | Ms Knight of Marsdens Law Group |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Macdiarmid of Mark Macdiarmid Family Law Specialist |
Orders
That all previous parenting orders for the child C born … 2010 (‘the child’) to spend supervised time with the mother be discharged.
That pending further order the child spend time with the mother as agreed between the mother and paternal grandmother in writing such writing to include SMS or Email communication and in default of agreement as follows:
a)Wednesday, 20 December 2017 from 3.00 pm until 7.00 pm;
b)Saturday, 23 December 2017 from 10.00 am until 5.00 pm;
c)Monday, 25 December 2017 from 2.00 pm until 7.00 pm;
(d)Wednesday, 27 December 2017 from 10.00 am until 5.00 pm;
(e)10.00 am Saturday, 30 December 2017 to 5.00 pm Sunday, 31 December 2017;
(f)Wednesday, 3 January 2018 from 10.00 am until 5.00 pm;
(g)10.00 am Saturday, 6 January 2018 to 5.00 pm Sunday, 7 January 2018;
(h)Wednesday, 24 January 2018 from 3.00 pm until 7.00 pm;
(i)subsequent to the resumption of school term in 2018 the child spend time with the mother:
(i)during each school term on each alternate weekend from after school (or 3.00 pm if a non-school day) Friday until the commencement of school the following Monday (or 9.00 am if a non-school day) commencing on the first weekend after the resumption of school term;
(ii)for the first half of each school holiday period at the conclusion of terms 1, 2 and 3 from the last day of required school attendance until 5.00 pm on the second Sunday of such school holiday period.
It is noted for the sake of clarity that Orders (8) to (12) inclusive made on 8…
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- Case
- [2017] FamCA 1066
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to discharge the existing supervised parenting orders and, if so, to establish new arrangements for the child to spend time with the mother. This involved considering the specific periods and frequency of contact, particularly during the upcoming holiday season and into the subsequent school term.
Foster J discharged all previous orders for supervised time. The court then made new orders, providing for the child to spend time with the mother as agreed in writing between the mother and the paternal grandmother. In default of such agreement, specific dates and times for contact during the December 2017 and January 2018 period were set out. Furthermore, the orders stipulated a pattern of alternate weekend contact during school terms and a specific duration of contact during the first half of each school holiday period from term 1 onwards.
Orders
Orders of the court
1.
That all previous parenting orders for the child C born … 2010 (‘the child’) to spend supervised time with the mother be discharged.
2.
That pending further order the child spend time with the mother as agreed between the mother and paternal grandmother in writing such writing to include SMS or Email communication and in default of agreement as follows:
a) Wednesday, 20 December 2017 from 3.00 pm until 7.00 pm;
b) Saturday, 23 December 2017 from 10.00 am until 5.00 pm;
c) Monday, 25 December 2017 from 2.00 pm until 7.00 pm;
(d) Wednesday, 27 December 2017 from 10.00 am until 5.00 pm;
(e) 10.00 am Saturday, 30 December 2017 to 5.00 pm Sunday, 31 December 2017;
(f) Wednesday, 3 January 2018 from 10.00 am until 5.00 pm;
(g) 10.00 am Saturday, 6 January 2018 to 5.00 pm Sunday, 7 January 2018;
(h) Wednesday, 24 January 2018 from 3.00 pm until 7.00 pm;
(i) subsequent to the resumption of school term in 2018 the child spend time with the mother:
(i) during each school term on each alternate weekend from after school (or 3.00 pm if a non-school day) Friday until the commencement of school the following Monday (or 9.00 am if a non-school day) commencing on the first weekend after the resumption of school term;
(ii) for the first half of each school holiday period at the conclusion of terms 1, 2 and 3 from the last day of required school attendance until 5.00 pm on the second Sunday of such school holiday period.
3.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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