Denpak and Marsh
Case
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[2008] FamCA 1205
•26 August 2008
Details
AGLC
Case
Decision Date
Denpak and Marsh [2008] FamCA 1205
[2008] FamCA 1205
26 August 2008
CaseChat Overview and Summary
The case of *Denpak and Marsh* concerned an application to amend an existing court order regarding child handovers. The dispute arose between the parties, Denpak and Marsh, concerning the practical arrangements for the children spending time with their father. The matter came before Strickland J.
The primary legal issue before the court was whether to amend an existing order concerning the location of child handovers. Specifically, the court had to determine if the proposed amendment, which stipulated handovers at the main entrance of Bunnings Warehouse at Main [P] when school handovers were not feasible, was in the best interests of the children. The court also considered the dismissal of various applications and responses filed in the proceedings and the discharge of the order appointing an Independent Children’s Lawyer.
Strickland J amended the previous order to specify that handovers for the purpose of the children spending time with the father would occur at the main entrance to Bunnings Warehouse at Main [P], provided such handovers could not take place at the school attended by the children. The court further ordered that all applications and responses filed from 24 October 2007 be dismissed and removed from the active pending cases list. Finally, the order appointing the Independent Children’s Lawyer was discharged.
The primary legal issue before the court was whether to amend an existing order concerning the location of child handovers. Specifically, the court had to determine if the proposed amendment, which stipulated handovers at the main entrance of Bunnings Warehouse at Main [P] when school handovers were not feasible, was in the best interests of the children. The court also considered the dismissal of various applications and responses filed in the proceedings and the discharge of the order appointing an Independent Children’s Lawyer.
Strickland J amended the previous order to specify that handovers for the purpose of the children spending time with the father would occur at the main entrance to Bunnings Warehouse at Main [P], provided such handovers could not take place at the school attended by the children. The court further ordered that all applications and responses filed from 24 October 2007 be dismissed and removed from the active pending cases list. Finally, the order appointing the Independent Children’s Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Remedies
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Procedural Fairness
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Citations
Denpak and Marsh [2008] FamCA 1205
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