Guischard and Hewson

Case

[2008] FamCA 1208

18 March 2008


Details
AGLC Case Decision Date
Guischard and Hewson [2008] FamCA 1208 [2008] FamCA 1208 18 March 2008

CaseChat Overview and Summary

In the matter of *Guischard and Hewson*, Le Poer Trench J considered orders concerning a child's time with their father. The dispute centred on the arrangements for unsupervised time between the father and child, including specific days and times, and crucially, the location and process for changeovers between parents.

The court was required to determine the precise terms of the father's unsupervised time with the child, including the days and hours of contact. A significant issue was the identification and establishment of a suitable and satisfactory contact changeover point, and the procedure to be followed in the interim and thereafter. The court also had to address the filing of further affidavits and applications by the parties.

Le Poer Trench J varied existing orders to specify the father's unsupervised time on Tuesdays and Thursdays, with adjusted hours depending on the changeover point. The court directed the Independent Children’s Lawyer (ICL) to investigate potential changeover sites nominated by the mother and to nominate a satisfactory site with associated instructions. In the interim, all changeovers were to occur at C Contact Service. Provisions were made for alternative days if C Contact Service was unavailable, and the ICL was tasked with notifying parties of these arrangements. The father was ordered to file an affidavit detailing his accommodation for the child, and leave was required for any further applications or affidavits. The matter was adjourned for further mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

  • Standing

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