Gazzard & Gazzard
Case
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[2009] FamCA 474
•20 May 2009
Details
AGLC
Case
Decision Date
Gazzard & Gazzard [2009] FamCA 474
[2009] FamCA 474
20 May 2009
CaseChat Overview and Summary
In *Gazzard & Gazzard*, heard by Rose J, the dispute concerned the care arrangements for two children, X and M. The father sought orders for the children to be in his care, with the terms of that care to be determined by agreement between the parties and a proposed supervisor, Ms A.
The central legal issue before the court was to establish a framework for the father's contact with the children, given the need for supervision. The court was required to determine the conditions under which the father would have care of the children, including the role of a supervisor and alternative arrangements if agreement could not be reached.
Rose J ordered that the parties ensure the father has care of the children, with these periods to be agreed upon with Ms A, or an alternative agreed supervisor. The court further stipulated that if private agreement on supervision was not possible, the father would have supervised care each Sunday at a contact centre, as notified by the independent children’s lawyer. The father also provided an undertaking to personally supervise the children during any periods of unsupervised care at his home.
The central legal issue before the court was to establish a framework for the father's contact with the children, given the need for supervision. The court was required to determine the conditions under which the father would have care of the children, including the role of a supervisor and alternative arrangements if agreement could not be reached.
Rose J ordered that the parties ensure the father has care of the children, with these periods to be agreed upon with Ms A, or an alternative agreed supervisor. The court further stipulated that if private agreement on supervision was not possible, the father would have supervised care each Sunday at a contact centre, as notified by the independent children’s lawyer. The father also provided an undertaking to personally supervise the children during any periods of unsupervised care at his home.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Citations
Gazzard & Gazzard [2009] FamCA 474
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