Edkins and Felice (No 2)
Case
•
[2020] FamCA 725
•11 August 2020
Details
AGLC
Case
Decision Date
Edkins and Felice (No 2) [2020] FamCA 725
[2020] FamCA 725
11 August 2020
CaseChat Overview and Summary
In *Edkins and Felice (No 2)*, the Honourable Justice Hannam of the Family Court of Australia considered an application by the mother concerning the children's living arrangements and the father's time with them. The dispute arose from the mother's application seeking to vary existing parenting orders.
The central legal issues before the court were whether the mother's application should be dismissed, and consequently, whether the father's alternate weekend time with the children should resume as previously ordered. The court was also required to consider specific conditions to be imposed on the father's time with one of the children, X, to ensure X's safety and well-being.
Justice Hannam reasoned that the mother's application lacked sufficient grounds to warrant a variation of the existing orders. The court confirmed the father's alternate weekend time with the children, ordering its resumption. Furthermore, to safeguard the child X, the court imposed specific conditions requiring that X not sleep in the same room as Mr B and that X be adequately supervised by the father or his partner, Mr C, to prevent any form of abuse. The court's orders were subject to formal entry in the Court's records.
The central legal issues before the court were whether the mother's application should be dismissed, and consequently, whether the father's alternate weekend time with the children should resume as previously ordered. The court was also required to consider specific conditions to be imposed on the father's time with one of the children, X, to ensure X's safety and well-being.
Justice Hannam reasoned that the mother's application lacked sufficient grounds to warrant a variation of the existing orders. The court confirmed the father's alternate weekend time with the children, ordering its resumption. Furthermore, to safeguard the child X, the court imposed specific conditions requiring that X not sleep in the same room as Mr B and that X be adequately supervised by the father or his partner, Mr C, to prevent any form of abuse. The court's orders were subject to formal entry in the Court's records.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Jurisdiction
-
Natural Justice
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
SS & AH
[2010] FamCAFC 13
George & George
[2013] FamCAFC 182
Deiter & Deiter
[2011] FamCAFC 82