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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Costs

  • Procedural Fairness

  • Injunction

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