Farquar and Farquar

Case

[2009] FamCA 426

1 April 2009


Details
AGLC Case Decision Date
Farquar and Farquar [2009] FamCA 426 [2009] FamCA 426 1 April 2009

CaseChat Overview and Summary

In the matter of *Farquar and Farquar*, Strickland J considered issues arising from parenting orders. The proceedings involved a mother and a father, and the court was tasked with determining the best interests of the child, R, born in March 1995.

The court was required to address several legal issues concerning the parenting arrangements for R. These included the need for an updated family assessment report to consider the child's views in light of the passage of time and the conclusion of criminal proceedings against the father. Furthermore, the court needed to examine allegations made by the father regarding the mother's potential manipulation of R's views, particularly in the context of the withdrawal of assault charges against him.

Strickland J directed that an updated family assessment report be prepared by a Family Consultant, Mr V. This report was to specifically address all relevant factors under section 60CC of the *Family Law Act 1975* (Cth), with a particular focus on R's expressed views, given R's age and the changed circumstances. The court also mandated that the report consider the father's allegations of manipulation by the mother or her household. The parties were ordered to cooperate with Mr V, and the mother was specifically directed to ensure R's attendance for interviews. The court granted leave for updated affidavits to be filed and for the parties to attend a directions hearing by telephone.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Natural Justice

  • Procedural Fairness

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