Dunbar and Dunbar

Case

[2010] FamCA 698

19 July 2010


Details
AGLC Case Decision Date
Dunbar and Dunbar [2010] FamCA 698 [2010] FamCA 698 19 July 2010

CaseChat Overview and Summary

In the matter of *Dunbar and Dunbar*, heard before O’Reilly J, the proceedings concerned the welfare and living arrangements of the children R, P, and M. The mother had dismissed her legal representatives on the morning of the listed trial, and the court was informed that she was unlikely to be granted further adjournments if she could not secure new legal representation.

The court was required to determine several issues, including whether to grant the mother's application for leave to withdraw her legal representatives, whether to adjourn the proceedings, and what interim orders should be made regarding the children's care, contact with their father, and their passports. The court also considered the mother's application to take the children to counselling and the immediate care arrangements for the children.

O’Reilly J ordered that the mother's solicitors and counsel be granted leave to withdraw and that the proceedings be adjourned. The matter was relisted for a hearing in August 2010, with the father required to file any amended response by a specified date. A case management hearing was also scheduled. By consent, interim orders were made regarding the children's supervised time with the father, and restrictions were placed on the children being interviewed or medically examined without a court order, and on the mother changing the children's educational or living arrangements without the written approval of the independent children's lawyer. The mother was also ordered to post the children's passports to the independent children's lawyer. The mother's application for permission to take the children to counselling was dismissed. Crucially, the court ordered that the children be immediately removed from the mother's care and reside with S Dunbar and K Dunbar until further order, with liberty to list the matter for further interim orders concerning the children's time with the mother.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Bevan & Bevan [2013] FamCAFC 116
Bevan & Bevan [2013] FamCAFC 116
Crowden & Crowden [1999] FamCA 1992