Fitzsimmons and Fenwick
Case
•
[2017] FCCA 115
•25 January 2017
Details
AGLC
Case
Decision Date
Fitzsimmons and Fenwick [2017] FCCA 115
[2017] FCCA 115
25 January 2017
CaseChat Overview and Summary
This matter concerned an application before Judge Brown regarding the parenting arrangements for a child, X, born in 2009. The dispute involved the father's time with the child, with specific orders being made concerning the nature and supervision of that time, as well as the appointment of an Independent Children's Lawyer.
The court was required to determine the appropriate orders for the child's time with the father, considering the need for supervision and restrictions on the father's access to certain types of video material. Additionally, the court needed to consider the appointment of an Independent Children's Lawyer to represent the child's interests and the provision of relevant information by government agencies.
Judge Brown ordered that the father's existing time with the child be suspended. New arrangements were put in place for the father to spend time with the child on Sundays and Australia Day 2017, strictly under the direct supervision of Ms D. Furthermore, an injunction was issued restraining the father from viewing any video material not classified as PG during these periods. The court also ordered the appointment of an Independent Children's Lawyer pursuant to s 68L of the *Family Law Act 1975*, directing the parties' solicitors to forward relevant documents to the Legal Services Commission of South Australia to facilitate this appointment. The Department for Child Protection and South Australian Police were ordered to provide specific documents relating to any notifications of suspected child abuse or family violence concerning the child by 24 March 2017. The matter was adjourned for further consideration.
The court was required to determine the appropriate orders for the child's time with the father, considering the need for supervision and restrictions on the father's access to certain types of video material. Additionally, the court needed to consider the appointment of an Independent Children's Lawyer to represent the child's interests and the provision of relevant information by government agencies.
Judge Brown ordered that the father's existing time with the child be suspended. New arrangements were put in place for the father to spend time with the child on Sundays and Australia Day 2017, strictly under the direct supervision of Ms D. Furthermore, an injunction was issued restraining the father from viewing any video material not classified as PG during these periods. The court also ordered the appointment of an Independent Children's Lawyer pursuant to s 68L of the *Family Law Act 1975*, directing the parties' solicitors to forward relevant documents to the Legal Services Commission of South Australia to facilitate this appointment. The Department for Child Protection and South Australian Police were ordered to provide specific documents relating to any notifications of suspected child abuse or family violence concerning the child by 24 March 2017. The matter was adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Fitzsimmons and Fenwick [2017] FCCA 115
Most Recent Citation
2005002 (Migration) [2021] AATA 507
Cases Cited
5
Statutory Material Cited
2
Deiter & Deiter
[2011] FamCAFC 82
SS & AH
[2010] FamCAFC 13
Russell & Russell & Anor
[2009] FamCA 28