Harrington and Harrington & Anor

Case

[2016] FamCA 1134

30 November 2016


Details
AGLC Case Decision Date
Harrington and Harrington & Anor [2016] FamCA 1134 [2016] FamCA 1134 30 November 2016

CaseChat Overview and Summary

In *Harrington and Harrington & Anor*, the proceedings concerned parenting orders for two children. The father had filed an application seeking the return of the children or, alternatively, a recovery order. The children had been living with their older step-sister, who subsequently became an intervenor in the proceedings. The mother had previously not defended the proceedings.

The court was required to determine whether to grant leave for the step-sister to intervene in the proceedings and to make interim consent orders regarding the children's living arrangements and time with the father. The legal issues also encompassed the terms of these interim orders, including provisions for the children to live with the intervenor and spend time with the father, as well as injunctions and directions for future steps in the matter.

Justice Kent granted leave for Ms Bitar, the step-sister, to intervene in the proceedings and to file an address for service. By consent between the father, the intervenor, and the Independent Children's Lawyer, interim orders were made. These orders stipulated that the children were to live with the intervenor and spend time with the father as agreed between them, or as expressed by the children, with a minimum provision for telephone contact. The orders also included injunctions restraining the parties from denigrating each other in the presence of the children and restraining the parties from bringing the children into contact with the mother. Further directions were made for the intervenor to file material and for the matter to be adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Remedies

  • Procedural Fairness

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