Dickens and Dickens and Anor

Case

[2014] FamCA 1225

4 September 2014


Details
AGLC Case Decision Date
Dickens and Dickens and Anor [2014] FamCA 1225 [2014] FamCA 1225 4 September 2014

CaseChat Overview and Summary

In the matter of *Dickens and Dickens and Anor*, Johnston J considered applications concerning the welfare of children and alleged contraventions of court orders. The proceedings involved the father, Mr D, and Ms Graham, acting on behalf of the Commissioner of Police, with the court also noting undertakings from the father and the involvement of an Independent Children's Lawyer.

The court was required to determine whether a prima facie case for breach existed in respect of three complaints, and to consider various enforcement applications made by the father. Further issues included the retention of documents by the Commissioner of Police, the adjournment of submissions on sentence, and the making of orders for therapy for the children. The court also addressed the father's undertaking not to file further enforcement applications and the potential for supervised time between the children and their father.

Johnston J found a prima facie case for breach in relation to each of the three complaints. The court ordered that Ms Graham could retain documents uplifted on behalf of the Commissioner of Police, deeming them unnecessary for retention by the court at that point. The father provided an undertaking not to file further enforcement applications until existing ones were considered, and the court noted his intention to file a review of a Senior Registrar's order regarding a subpoena. The court also made orders for no further time spent or communication between the children and their father pending further order, while leaving open the possibility of considering supervised time if agreed and supported by the Independent Children's Lawyer. The proceedings were adjourned for directions, including orders for therapy for the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Reliance

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