ELLINGWORTH & SIMPSON

Case

[2012] FamCA 264

26 April 2012


Details
AGLC Case Decision Date
ELLINGWORTH & SIMPSON [2012] FamCA 264 [2012] FamCA 264 26 April 2012

CaseChat Overview and Summary

This matter concerned an application by the father for parenting orders regarding his two children, E and J, and the mother sought orders restraining the father from discussing certain matters. The proceedings were before Watts J.

The court was required to determine the living arrangements for the children and the time they would spend with their father. Additionally, the court needed to consider whether to make orders restricting the father from discussing the mother's mental status or a lottery win with third parties, and to make provision for the children's time during school holidays. The court also had to consider the inclusion of specific details regarding contravention of the orders and assistance for compliance.

Watts J made orders that, pending further determination, the children would live with the mother. The father was granted specific periods of time with the children, including weekday afternoons, weekends, and during school holidays, with provisions for agreement or default arrangements for holiday periods. The court also ordered that the father not discuss the mother's mental status or lottery win with any person, except for his legal advisers in relation to litigation. The matter was adjourned for further interviews with a family consultant, with liberty to relist on seven days' notice. Finally, the court ordered that particulars of the obligations, consequences of contravention, and assistance for compliance, as set out in an attached Fact Sheet, be included in the orders pursuant to sections 65DA(2) and 62B of the relevant Act.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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