Fairburn and Janda

Case

[2018] FCCA 2692

31 August 2018


Details
AGLC Case Decision Date
Fairburn and Janda [2018] FCCA 2692 [2018] FCCA 2692 31 August 2018

CaseChat Overview and Summary

This matter came before Judge Young concerning orders relating to the welfare and time spent with a child, [X], born in 2013. The proceedings involved the child's parents and the paternal grandfather, Mr J. The court noted that the orders made were inconsistent with a family violence order, necessitating specific notification procedures under section 68P of the *Family Law Act 1975*.

The court was required to determine the terms of supervised time the child would spend with the father, the conditions for reinstating this time, and the arrangements for handover. Additionally, the court needed to address the parties' engagement with a handover program, their conduct in the child's presence, and the preparation of a family report to inform future decisions regarding the child's best interests. The court also considered the dissemination of this report and the process for submitting material for the family consultant's consideration.

In its reasoning, the court ordered that supervised time with the father would be reinstated upon the filing of an affidavit by the paternal grandfather concerning supervision. Specific days and alternate weekends were allocated for this time, with handover arrangements to be managed through CatholicCare NT. Both parties were directed to enroll in CatholicCare NT's handover program and comply with its directions. The court also imposed a restraint on the parties denigrating each other in the child's presence. Crucially, pursuant to section 62G(2) of the *Family Law Act 1975*, the parties and the child were ordered to attend upon a family consultant for the preparation of an urgent family report, which was to address the child's views, relevant legislative considerations under sections 60CC, 61DA, and 65DAA, and any other matters pertinent to the child's welfare.

The court made further orders regarding the notification of various authorities of the current orders, the process for submitting documents to the family consultant, and the confidentiality of the family report, including specific provisions under section 121 of the *Family Law Act 1975*. The matter was adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Costs

  • Remedies

  • Appeal

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Cases Citing This Decision

1

Janda and Fairburn (No 2) [2019] FamCA 807
Cases Cited

0

Statutory Material Cited

2