Fisher and Hickey

Case

[2017] FCCA 735

23 March 2017


Details
AGLC Case Decision Date
Fisher and Hickey [2017] FCCA 735 [2017] FCCA 735 23 March 2017

CaseChat Overview and Summary

In the matter of *Fisher and Hickey*, heard by Judge Harland, the dispute concerned parenting orders for a child born in 2015. The orders made indicate a significant conflict between the parents, with allegations of family violence being a central concern.

The court was required to determine, among other things, the immediate parenting arrangements for the child, including who the child would live with and who would have parental responsibility. The court also had to consider the implications of family violence allegations on these arrangements and the validity of any existing family violence orders between the parties.

Judge Harland made orders suspending the father's time with the child and restraining him from contacting the mother or the child. The mother was granted sole parental responsibility and the child was ordered to live with her. Crucially, the court declared that to the extent any family violence order between the parties was inconsistent with these new orders, the family violence order was invalid, pursuant to section 68Q of the *Family Law Act 1975*. The court also made directions regarding the filing of material, the return of subpoenaed material, and the conduct of future court events, including provisions for separate court rooms due to family violence concerns and the possibility of the matter proceeding undefended. Costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Remedies

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