Emerwill and Montague

Case

[2007] FamCA 1454

29 November 2007


Details
AGLC Case Decision Date
Emerwill and Montague [2007] FamCA 1454 [2007] FamCA 1454 29 November 2007

CaseChat Overview and Summary

In the matter of *Emerwill and Montague*, Brown J of the Family Court of Australia considered an application by the father concerning his time and communication with the child T. The proceedings also involved an application by the father for contravention of previous orders.

The court was required to determine whether to suspend existing orders for the father's time and communication with T, and whether the father had contravened those orders. Additionally, the court needed to make orders regarding counselling for T and the involvement of the parents in that process.

Brown J ordered the suspension of the father's time and communication with T until a further hearing. The mother was directed to arrange counselling for T, with specific provisions for parental involvement at the counsellor's discretion. The father's application for contravention was dismissed, with the court noting that one alleged contravention was withdrawn and another was not proven. The court also made orders regarding the provision of information to the counsellor and the dissemination of a Family Law Courts Fact Sheet. The court confirmed that existing orders concerning the child O remained in force.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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