Dupleix and Duroc
Case
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[2007] FamCA 1349
•12 October 2007
Details
AGLC
Case
Decision Date
Dupleix and Duroc [2007] FamCA 1349
[2007] FamCA 1349
12 October 2007
CaseChat Overview and Summary
The matter before Bennett J concerned parenting orders for a child born in November 2005. The dispute involved the father's time with the child, which was to be supervised, and the specific requirements for that supervision. Additionally, the proceedings addressed the assessment of an older child, born in January 1992, by a Dr A, and the process for providing relevant documents to Dr A for his report.
The court was required to determine the specific terms of the father's supervised time with the younger child, including the duration and frequency of that time, and to ensure the supervisor's active role in the child's care during these periods. Furthermore, the court needed to establish a clear procedure for the independent children's lawyer to compile and submit documents to Dr A for his assessment of the older child, allowing for party input and objection, and ensuring the timely provision of these materials along with the court's reasons for judgment.
Bennett J made orders by consent and undertaking. The father's time with the child was to continue to be supervised by the paternal grandmother or Ms D, or another agreed person, with the added requirement that the supervisor, not the father, would attend to the child's nappy changes and bathing. Specific days and times for the father's contact were set out, including provisions for the child's birthday and an upcoming Christmas date. The court also ordered that the mother facilitate Dr A's interview and assessment of the older child. A detailed process was established for the independent children's lawyer to prepare an index of documents for Dr A, allowing for party consultation and objection before submission, and ensuring the prompt dispatch of these documents and the court's reasons to Dr A. The parties were also ordered to attend a Trial Notice Listing.
The court was required to determine the specific terms of the father's supervised time with the younger child, including the duration and frequency of that time, and to ensure the supervisor's active role in the child's care during these periods. Furthermore, the court needed to establish a clear procedure for the independent children's lawyer to compile and submit documents to Dr A for his assessment of the older child, allowing for party input and objection, and ensuring the timely provision of these materials along with the court's reasons for judgment.
Bennett J made orders by consent and undertaking. The father's time with the child was to continue to be supervised by the paternal grandmother or Ms D, or another agreed person, with the added requirement that the supervisor, not the father, would attend to the child's nappy changes and bathing. Specific days and times for the father's contact were set out, including provisions for the child's birthday and an upcoming Christmas date. The court also ordered that the mother facilitate Dr A's interview and assessment of the older child. A detailed process was established for the independent children's lawyer to prepare an index of documents for Dr A, allowing for party consultation and objection before submission, and ensuring the prompt dispatch of these documents and the court's reasons to Dr A. The parties were also ordered to attend a Trial Notice Listing.
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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Consent
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Discovery
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Remedies
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Procedural Fairness
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Citations
Dupleix and Duroc [2007] FamCA 1349
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