EMSDEN & EMSDEN

Case

[2017] FamCA 522

21 July 2017


Details
AGLC Case Decision Date
EMSDEN & EMSDEN [2017] FamCA 522 [2017] FamCA 522 21 July 2017

CaseChat Overview and Summary

The case of *Emsden & Emsden* concerned parenting orders made by Cronin J. The dispute involved the mother's time and communication with her children, F and G, and related applications concerning contravention and parenting matters.

The court was required to determine the terms of parenting orders, specifically how the mother would spend time and communicate with the children. This included establishing a schedule for electronic communication and face-to-face contact, as well as addressing supervision requirements, travel arrangements, and the mother's ongoing drug and alcohol counselling. The court also had to consider injunctions regarding the mother's presence when affected by alcohol or drugs, and her contact with a third party, Mr T. Furthermore, the court needed to resolve outstanding interim applications and adjourn remaining parenting order applications for a final hearing.

Cronin J varied existing orders to facilitate supervised contact between the mother and the children. The orders established a schedule for weekly video calls and monthly weekend visits, with specific provisions for travel and supervision by designated individuals, Mr R and/or Ms R. The mother was also ordered to continue drug and alcohol counselling and authorise the disclosure of her attendance and progress. Crucially, an injunction was granted restraining the mother from being in the presence of the children if affected by alcohol or drugs, and from bringing the children into contact with Mr T. All extant interim applications were dismissed, and outstanding parenting order applications were adjourned for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Appeal

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Cachia v Hanes [1994] HCA 14
Cachia v Hanes [1994] HCA 14