Hales – Forbes and Firth

Case

[2012] FamCA 556

3 July 2012


Details
AGLC Case Decision Date
HALES – FORBES & FIRTH [2012] FamCA 556 [2012] FamCA 556 3 July 2012

CaseChat Overview and Summary

In the matter of *Hales – Forbes and Firth*, heard before Rees J, the dispute concerned parenting orders relating to a child born in August 1997. The primary issue revolved around the child undergoing a fat injection procedure and the arrangements for the child's residence and time with each parent during and around the period of the medical treatment.

The court was required to determine the specific orders to be made concerning the child's medical procedure and the consequential parenting arrangements. This included the facilitation of the procedure itself and the allocation of time between the mother and father before, during, and after the medical intervention.

Rees J made orders by consent of the parties. These orders stipulated that the parties were to facilitate the child undergoing a fat injection procedure by the Cranio Facial Team at the Children’s Hospital within a specified timeframe. The orders further detailed that the child would live with the mother from the day before the procedure until the following Monday, with existing parenting orders to resume thereafter, unless otherwise agreed. The mother was also directed to facilitate the child spending time with or speaking to the father during this period as agreed. Additionally, a specific paragraph of the mother's application was adjourned to a later date, and the court noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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