Evington and Fogden

Case

[2010] FamCA 1156

8 December 2010


Details
AGLC Case Decision Date
Evington and Fogden [2010] FamCA 1156 [2010] FamCA 1156 8 December 2010

CaseChat Overview and Summary

This matter concerned parenting orders before Justice Murphy. The dispute involved the mother and the respondent carers, Mr and Mrs Fogden, regarding the welfare of a child, B.

The court was required to determine the appropriate parenting orders for the child, including the provision of therapeutic support and the allocation of responsibilities and costs associated with that support. The court also considered the role of the Independent Children’s Lawyer and the disclosure of various reports and affidavits to the appointed counsellor.

Justice Murphy ordered that a counsellor or therapist be appointed to provide counselling for the child, with the costs to be shared equally between the mother and the respondent carers. The counsellor was authorised to discuss the counselling with the Independent Children’s Lawyer and was not required to produce records unless deemed appropriate or necessary by the counsellor. The respondent carers were directed to ensure the child’s attendance at appointments and to comply with reasonable directions from the counsellor and the Independent Children’s Lawyer. Leave was granted for the Independent Children’s Lawyer to provide specific documents to the counsellor, and the mother was permitted to forward an affidavit to the therapist. The court also ordered that particulars of the obligations and consequences of contravening these orders be set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Standing

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