Francis and Duggan
Case
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[2009] FamCA 1097
•4 November 2009
Details
AGLC
Case
Decision Date
Francis and Duggan [2009] FamCA 1097
[2009] FamCA 1097
4 November 2009
CaseChat Overview and Summary
In the matter of *Francis and Duggan*, heard before Cronin J, the dispute concerned parenting orders and the role of an Independent Children's Lawyer. The specific details of the parties' relationship and the precise nature of their dispute prior to the hearing are not elaborated upon in the provided text.
The court was required to determine whether to discharge the appointment of the Independent Children's Lawyer, to vary existing orders regarding contact between a parent and the children, and to make consequential orders concerning communication and the facilitation of such communication. The court also had to consider the reasonableness of engaging counsel and solicitor to attend the proceedings and the provision of information regarding the obligations and consequences of the orders made.
Cronin J ordered the discharge of the Independent Children's Lawyer and varied paragraph 6 of previous orders made on 14 April 2008. The court granted the mother liberty to telephone the children on Sundays between 4:30 pm and 5:00 pm Melbourne time, with the father to facilitate these calls. The father was also granted liberty to apply on short notice to suspend this provision if the mother's conduct warranted it. All other outstanding applications were dismissed. The court certified that it was reasonable to engage counsel and solicitor, and ordered that the father's solicitor serve the orders and reasons for judgment on the mother. Furthermore, the court directed that particulars of the obligations, consequences of contravention, and sources of assistance be set out in a fact sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.
The court was required to determine whether to discharge the appointment of the Independent Children's Lawyer, to vary existing orders regarding contact between a parent and the children, and to make consequential orders concerning communication and the facilitation of such communication. The court also had to consider the reasonableness of engaging counsel and solicitor to attend the proceedings and the provision of information regarding the obligations and consequences of the orders made.
Cronin J ordered the discharge of the Independent Children's Lawyer and varied paragraph 6 of previous orders made on 14 April 2008. The court granted the mother liberty to telephone the children on Sundays between 4:30 pm and 5:00 pm Melbourne time, with the father to facilitate these calls. The father was also granted liberty to apply on short notice to suspend this provision if the mother's conduct warranted it. All other outstanding applications were dismissed. The court certified that it was reasonable to engage counsel and solicitor, and ordered that the father's solicitor serve the orders and reasons for judgment on the mother. Furthermore, the court directed that particulars of the obligations, consequences of contravention, and sources of assistance be set out in a fact sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.
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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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Francis and Duggan [2009] FamCA 1097
Cases Citing This Decision
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Statutory Material Cited
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