Garner and Hunt
Case
•
[2012] FamCA 447
•14 May 2012
Details
AGLC
Case
Decision Date
GARNER & HUNT
[2012] FamCA 447
[2012] FamCA 447
14 May 2012
CaseChat Overview and Summary
In the matter of *Garner and Hunt*, Forrest J of the Federal Circuit Court of Australia considered orders relating to a child, H, born in February 2002. The dispute concerned the arrangements for the child to spend time with her father, and the father's attendance at the child's school and after-school care.
The court was required to determine whether to suspend existing orders for the child to spend time with her father, and to make orders regarding the father's attendance at the child's school and after-school care. Additionally, the court considered whether to permit the disclosure of certain court documents and reports to a Ms C, notwithstanding the usual restrictions under section 121 of the *Family Law Act 1975* (Cth).
Forrest J suspended all previous orders for the child to spend time with her father until further order. The father agreed not to attend at the child's school or its after-school care service until Ms C advised in writing that she considered it appropriate. The child was to spend time with the father only as agreed by the parents in consultation with Ms C. The court also ordered that section 121 of the *Family Law Act* would not apply to prevent Ms C from being provided with specified previous judgments, orders, and family reports, and the current orders and reasons for judgment. The matter was adjourned for further hearing, with the father's contravention application also adjourned to the same date. Ms C was requested to provide an interim report if possible before the next hearing, with costs to be shared equally.
The court was required to determine whether to suspend existing orders for the child to spend time with her father, and to make orders regarding the father's attendance at the child's school and after-school care. Additionally, the court considered whether to permit the disclosure of certain court documents and reports to a Ms C, notwithstanding the usual restrictions under section 121 of the *Family Law Act 1975* (Cth).
Forrest J suspended all previous orders for the child to spend time with her father until further order. The father agreed not to attend at the child's school or its after-school care service until Ms C advised in writing that she considered it appropriate. The child was to spend time with the father only as agreed by the parents in consultation with Ms C. The court also ordered that section 121 of the *Family Law Act* would not apply to prevent Ms C from being provided with specified previous judgments, orders, and family reports, and the current orders and reasons for judgment. The matter was adjourned for further hearing, with the father's contravention application also adjourned to the same date. Ms C was requested to provide an interim report if possible before the next hearing, with costs to be shared equally.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Remedies
-
Costs
-
Procedural Fairness
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
GARNER & HUNT
[2012] FamCA 447
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1