Edkins and Felice

Case

[2020] FamCA 659

11 August 2020


Details
AGLC Case Decision Date
Edkins and Felice [2020] FamCA 659 [2020] FamCA 659 11 August 2020

CaseChat Overview and Summary

In the matter of *Edkins and Felice*, heard by Hannam J, the dispute concerned parenting orders for two children, X and Y. The mother sought to vary existing orders, but her application was ultimately dismissed. The father's alternate weekend time with the children was confirmed to resume, with specific conditions imposed on the father regarding the supervision and sleeping arrangements of child X.

The central legal issues before the court were whether the mother's application to vary the existing parenting orders should be granted, and if not, what orders were appropriate to ensure the children's welfare and best interests, particularly concerning child X's safety and supervision.

Hannam J confirmed the father's existing alternate weekend time with the children, finding that the mother's application to vary these orders was not successful. The court's reasoning led to orders designed to protect child X, requiring the father to ensure that child X did not sleep in the same room as Mr B and that child X was properly supervised by either the father or his partner, Ms C, to prevent exposure to any form of abuse. These orders were made pending further order from the court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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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