Elkins and Elkins

Case

[2015] FCCA 3585

18 December 2015


Details
AGLC Case Decision Date
Elkins and Elkins [2015] FCCA 3585 [2015] FCCA 3585 18 December 2015

CaseChat Overview and Summary

This matter concerned interim parenting orders for two children, X and Y, born in 2006 and 2007 respectively. The proceedings were before Judge Wilson of the Federal Circuit Court of Australia. The dispute involved the living arrangements for the children and the terms of interim parenting orders.

The court was required to determine the interim living arrangements for the children and to make consent orders regarding parenting arrangements. Furthermore, the court needed to consider the independent representation of the children and their attendance with a Family Consultant.

The court made interim orders by consent, suspending previous orders made on 14 February 2013 and ordering that the children live with the mother. The consent orders were to be engrossed and provided to the court. Crucially, the court ordered that the children be independently represented pursuant to s.68L(2) of the *Family Law Act 1975* (Cth), requesting Victoria Legal Aid to arrange such representation. The Independent Children’s Lawyer was directed to file a Notice of Address for Service, receive relevant documents from the parties' solicitors, and adhere to specific guidelines. The Independent Children’s Lawyer was also tasked with preparing a minute of proposed final orders. Additionally, pursuant to s.11F of the *Family Law Act 1975*, the parties and children were ordered to attend an appointment with a Family Consultant, who was to provide a written report. The matter was adjourned for mention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

M v M [1988] HCA 68