Gerces and Kirkpatrick

Case

[2008] FamCA 916

17 June 2008


Details
AGLC Case Decision Date
Gerces and Kirkpatrick [2008] FamCA 916 [2008] FamCA 916 17 June 2008

CaseChat Overview and Summary

In *Gerces and Kirkpatrick*, heard by Barry J, the proceedings concerned parenting orders for a child born in March 2005. The dispute revolved around the arrangements for the child's time with each parent and the provision of information regarding the child's progress at their learning centre.

The court was required to determine the specific terms of the parenting orders, including the periods of time the mother would spend with the child and the arrangements for telephone contact. Additionally, the court needed to address the authorisation for the child's learning centre to provide information directly to the mother and the discharge of previous court orders.

Barry J made orders for the mother to spend time with the child on specified weekends and during a particular date in June 2008, with changeovers to occur at the ABC Learning Centre. The court also authorised the ABC Learning Centre to provide information about the child's progress and activities to the mother. Previous orders from Federal Magistrate Jarrett dated 3 May 2007 and the court's own orders of 28 March 2008 were discharged. The proceedings were adjourned for a case management review and set down for trial commencing 25 August 2008. The court also ordered that particulars of obligations, consequences of contravention, and assistance details be provided in an annexed document, and that by consent, parties were to issue subpoenas, file amended applications and responses, and file case outlines and lists of documents by specified dates. A further family report was to be prepared by the Family Consultant by 1 August 2008.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

  • Discovery

  • Injunction

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