Every and McNaught

Case

[2008] FamCA 209

25 February 2008


Details
AGLC Case Decision Date
Every and McNaught [2008] FamCA 209 [2008] FamCA 209 25 February 2008

CaseChat Overview and Summary

The proceedings involved the father and mother of two children, C and B. The dispute concerned parenting orders, specifically the time the children would spend with each parent. The matter came before Brown J of the Family Court of Australia.

The court was required to determine the appropriate parenting arrangements for the children, including the extent of the father's time with them, and to consider the production of relevant documents from the Department of Human Services concerning notifications and investigations related to the children. The court also had to decide on the necessity of a further Family Report and the attendance of counsel.

Brown J discharged previous orders regarding the children's time with the father and made new orders for alternate weekend contact, half of each school holiday period, and half of the long summer vacation. The court also ordered the parties to enrol in a specific program and directed the registrar to issue a subpoena for records from the Department of Human Services. Further, the court discharged the order for a further Family Report, ordered the mother to pay an invoice from Dr. S, and scheduled a pre-trial conference. The court noted that previous orders remained in effect and that the mother had informed the Department of Human Services of further allegations.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Procedural Fairness

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