Elmer and Elmer
Case
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[2018] FCCA 2107
•9 July 2018
Details
AGLC
Case
Decision Date
Elmer and Elmer [2018] FCCA 2107
[2018] FCCA 2107
9 July 2018
CaseChat Overview and Summary
This matter concerned parenting orders in the Federal Circuit Court before Judge Burchardt. The proceedings involved the parties, identified as Elmer and Elmer, and their three children born in 2001, 2006, and 2008. The core dispute revolved around the living arrangements and contact arrangements for the children.
The court was required to determine interim parenting orders, including the children's residence and the father's time with them, pending a final hearing. Additionally, the court needed to address the preparation and use of a Family Report concerning the children's welfare and best interests, and to consider the transfer of the proceedings to the Melbourne Registry. The court also had to consider various injunctions and undertakings related to the parents' conduct and their engagement with the children.
Judge Burchardt made several orders, including the transfer of the matter to the Melbourne Registry of the Federal Circuit Court and its adjournment for a final hearing on 1 April 2019. Crucially, interim parenting orders were made, stipulating that the children [Y] and [Z] would live with the mother. The father was granted specific supervised contact arrangements pending his obtaining independent accommodation. The court also ordered the parties and children to attend upon a Family Consultant for the preparation of a Family Report, to be made available to the court and parties, and to deal with matters including the children's views, and the factors outlined in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. Injunctions were imposed on both parents restraining them from denigrating the other parent, discussing court events, and from ingesting or administering certain substances in the presence of the children. Both parents were also ordered to complete a Post-Separation Parenting Course.
The court was required to determine interim parenting orders, including the children's residence and the father's time with them, pending a final hearing. Additionally, the court needed to address the preparation and use of a Family Report concerning the children's welfare and best interests, and to consider the transfer of the proceedings to the Melbourne Registry. The court also had to consider various injunctions and undertakings related to the parents' conduct and their engagement with the children.
Judge Burchardt made several orders, including the transfer of the matter to the Melbourne Registry of the Federal Circuit Court and its adjournment for a final hearing on 1 April 2019. Crucially, interim parenting orders were made, stipulating that the children [Y] and [Z] would live with the mother. The father was granted specific supervised contact arrangements pending his obtaining independent accommodation. The court also ordered the parties and children to attend upon a Family Consultant for the preparation of a Family Report, to be made available to the court and parties, and to deal with matters including the children's views, and the factors outlined in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. Injunctions were imposed on both parents restraining them from denigrating the other parent, discussing court events, and from ingesting or administering certain substances in the presence of the children. Both parents were also ordered to complete a Post-Separation Parenting Course.
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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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
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Costs
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Appeal
Actions
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Citations
Elmer and Elmer [2018] FCCA 2107
Cases Citing This Decision
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