FERREIRA & FERREIRA
Case
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[2019] FamCA 317
•20 May 2019
Details
AGLC
Case
Decision Date
FERREIRA & FERREIRA [2019] FamCA 317
[2019] FamCA 317
20 May 2019
CaseChat Overview and Summary
In the matter of *Ferreira & Ferreira*, Gill J of the Family Court of Australia made orders concerning parenting arrangements for the children of the relationship. The proceedings involved a dispute between the parties regarding the children's welfare and the nature of their relationships with each parent.
The court was required to determine the specific issues to be addressed in a Family Report prepared by a Family Consultant. These issues included the benefit of a meaningful relationship with both parents, the need to protect the children from harm, the likely effect of changes in their circumstances, the capacity of each parent to meet the children's needs, and the children's maturity and background. The court also directed the Family Consultant to consider the children's right to enjoy their Aboriginal or Torres Strait Islander culture, if applicable, and the parents' attitudes towards parenthood.
Gill J ordered that the matter be set down for a final hearing of five days commencing on 11 November 2019. The court also directed that the requirements of s 102NA(2) apply to the cross-examination of witnesses. Crucially, the court ordered the parties and the children to attend upon a Family Consultant for the preparation of a Family Report, with specific considerations outlined for the consultant's assessment. The Family Consultant was granted leave to inspect all documents produced in the proceedings on subpoena. The matter was adjourned for trial directions to prepare for the final hearing.
The court was required to determine the specific issues to be addressed in a Family Report prepared by a Family Consultant. These issues included the benefit of a meaningful relationship with both parents, the need to protect the children from harm, the likely effect of changes in their circumstances, the capacity of each parent to meet the children's needs, and the children's maturity and background. The court also directed the Family Consultant to consider the children's right to enjoy their Aboriginal or Torres Strait Islander culture, if applicable, and the parents' attitudes towards parenthood.
Gill J ordered that the matter be set down for a final hearing of five days commencing on 11 November 2019. The court also directed that the requirements of s 102NA(2) apply to the cross-examination of witnesses. Crucially, the court ordered the parties and the children to attend upon a Family Consultant for the preparation of a Family Report, with specific considerations outlined for the consultant's assessment. The Family Consultant was granted leave to inspect all documents produced in the proceedings on subpoena. The matter was adjourned for trial directions to prepare for the final hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Discovery
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Injunction
Actions
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Citations
FERREIRA & FERREIRA [2019] FamCA 317
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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