Hansford and Phillips (No.3)
Case
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[2019] FCCA 912
•28 February 2019
Details
AGLC
Case
Decision Date
Hansford and Phillips (No.3) [2019] FCCA 912
[2019] FCCA 912
28 February 2019
CaseChat Overview and Summary
In *Hansford and Phillips (No.3)*, Judge Young of the Family Court of Australia considered interim parenting arrangements and procedural matters concerning the children [X] and [Y]. The dispute involved the father's application for time with the children and the mother's applications relating to child support and variations to existing orders, as well as the father's application for a *Hadkinson* order.
The court was required to determine the interim parenting arrangements for the children, specifically the father's time with them during school terms and holidays. Additionally, the court needed to address the attendance of the parties and children at a dispute resolution appointment, the role of a Family Consultant in providing advice to the court, and the further conduct of proceedings concerning the mother's applications and the father's *Hadkinson* application.
Judge Young made interim orders for the father to spend time with the children on alternate weekends during school terms and for a specific period during the April school holidays. The court also ordered the parties and children to attend a non-privileged dispute resolution appointment with Child Dispute Services. Following this, a Family Consultant was directed to provide brief advice to the court on agreed and disputed issues and to make recommendations for interim or procedural orders. The proceedings were adjourned to a later date to address the mother's initiating application and application in a case concerning child support, and the father's application for a *Hadkinson* order, with parties to be in a position to make *Rice & Asplund* type submissions.
The court was required to determine the interim parenting arrangements for the children, specifically the father's time with them during school terms and holidays. Additionally, the court needed to address the attendance of the parties and children at a dispute resolution appointment, the role of a Family Consultant in providing advice to the court, and the further conduct of proceedings concerning the mother's applications and the father's *Hadkinson* application.
Judge Young made interim orders for the father to spend time with the children on alternate weekends during school terms and for a specific period during the April school holidays. The court also ordered the parties and children to attend a non-privileged dispute resolution appointment with Child Dispute Services. Following this, a Family Consultant was directed to provide brief advice to the court on agreed and disputed issues and to make recommendations for interim or procedural orders. The proceedings were adjourned to a later date to address the mother's initiating application and application in a case concerning child support, and the father's application for a *Hadkinson* order, with parties to be in a position to make *Rice & Asplund* type submissions.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Stay of Proceedings
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Remedies
Actions
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Most Recent Citation
Phillips & Hansford [2020] FamCAFC 28
Cases Cited
0
Statutory Material Cited
2