Fletcher and Littlemore

Case

[2018] FamCA 1126

20 December 2018


Details
AGLC Case Decision Date
Fletcher and Littlemore [2018] FamCA 1126 [2018] FamCA 1126 20 December 2018

CaseChat Overview and Summary

In the matter of *Fletcher and Littlemore*, heard by Baumann J, the dispute concerned interim parenting arrangements for a child, X, born in 2009, and a related passport issue. The proceedings involved the mother and the father, with an Independent Children’s Lawyer also participating.

The court was required to determine the form of interim orders concerning the child's time with the father pending the final determination of the proceedings. Additionally, the court needed to address the passport issue and manage the case effectively to ensure timely resolution.

Baumann J directed the parties to provide minutes of proposed interim orders regarding the child's time with the father by 4:00 pm on 15 January 2019. Any further affidavit material supporting these proposed orders was also to be filed and served by the same deadline. The mother's application filed on 3 December 2018 was adjourned to 21 January 2019 for further case management and the interim hearing. The court emphasised the importance of attendance, stating that the father's failure to appear on 21 January 2019 would be taken as an indication that he did not wish to participate further, potentially leading to the matter proceeding as an undefended hearing in his absence. All parties were ordered to appear personally on 21 January 2019.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

1

Fletcher and Littlemore [2019] FamCA 119
Cases Cited

5

Statutory Material Cited

3

Stott & Holgar [2017] FamCAFC 152
Amador & Amador [2009] FamCAFC 196
Napier & Hepburn [2006] FamCA 1316