Harland and Harland
Case
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[2017] FamCA 54
•9 February 2017
Details
AGLC
Case
Decision Date
Harland and Harland [2017] FamCA 54
[2017] FamCA 54
9 February 2017
CaseChat Overview and Summary
In *Harland and Harland*, Watts J considered an application by the father to dismiss his own further amended application filed on 11 December 2016, subject to existing orders. The proceedings concerned parenting arrangements for a child, including travel to New Zealand and specific communication protocols between the parents.
The court was required to determine whether to dismiss the father's application and to consider variations to existing orders concerning the child's travel, parental communication, and urinalysis testing. Additionally, the court addressed an order regarding contact with a third party, Mr H, and the implications of Mr H's attendance at a family function in New Zealand.
Watts J made several orders, including the dismissal of the father's further amended application. The court varied previous orders to extend the notice period for certain requests from 24 to 48 hours and to restrict such requests between Friday 10 am and Saturday 5 pm. Liberty was granted to the father and the Independent Children's Lawyer to vary order 7. The child was permitted to travel to New Zealand with her mother between 9 and 14 December 2016 for a wedding, and the father was prohibited from requesting urinalysis testing during this period. By consent, the mother was ordered not to allow the child contact with Mr H, and to ensure no other person did so, while noting Mr H's presence at the New Zealand family function.
The court was required to determine whether to dismiss the father's application and to consider variations to existing orders concerning the child's travel, parental communication, and urinalysis testing. Additionally, the court addressed an order regarding contact with a third party, Mr H, and the implications of Mr H's attendance at a family function in New Zealand.
Watts J made several orders, including the dismissal of the father's further amended application. The court varied previous orders to extend the notice period for certain requests from 24 to 48 hours and to restrict such requests between Friday 10 am and Saturday 5 pm. Liberty was granted to the father and the Independent Children's Lawyer to vary order 7. The child was permitted to travel to New Zealand with her mother between 9 and 14 December 2016 for a wedding, and the father was prohibited from requesting urinalysis testing during this period. By consent, the mother was ordered not to allow the child contact with Mr H, and to ensure no other person did so, while noting Mr H's presence at the New Zealand family function.
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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Appeal
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Consent
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Remedies
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Procedural Fairness
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Citations
Harland and Harland [2017] FamCA 54
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