Gabler and Fuhrmann

Case

[2017] FCCA 1534

5 July 2017


Details
AGLC Case Decision Date
Gabler and Fuhrmann [2017] FCCA 1534 [2017] FCCA 1534 5 July 2017

CaseChat Overview and Summary

In proceedings before Judge Brown, the applicant sought orders concerning the care and welfare of two children, [X] and [W]. The dispute involved arrangements for the children to live with the mother and spend time with the father, as well as an application for an injunction against the mother.

The court was required to determine the appropriate interim parenting orders, including the residence of the children and the specific times and locations for the father to spend with them. Additionally, the court considered an application to restrain the mother from contacting or communicating with a third party, Mr R.

Judge Brown made several orders, including transferring the proceedings to the Canberra Registry for a directions hearing. The court ordered that the children live with the mother and established a six-week cycle for the father to spend time with them, specifying particular days and times. These arrangements were to take place in (Town A) at the father's expense, with handovers occurring outside (omitted). The court also made specific provisions for the father's time with the children during the weeks commencing 18 December 2017 and 18 June 2018, which were to occur in (Town B) with specific cost allocations for travel. The father was also granted permission to communicate with the children via Facebook Messenger on specified days. Finally, an injunction was granted restraining the mother from bringing the children into contact with or communicating with Mr R.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

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