Harris and Coates

Case

[2012] FamCA 89

2 February 2012


Details
AGLC Case Decision Date
Harris and Coates [2012] FamCA 89 [2012] FamCA 89 2 February 2012

CaseChat Overview and Summary

In the matter of *Harris and Coates*, the proceedings concerned the welfare of children, with the father facing criminal proceedings. The court, presided over by Justice Dawe, was tasked with determining the appropriate course of action regarding the children's contact with their father, particularly in light of the ongoing criminal matters.

The central legal issues before the court were how to manage the children's exposure to the ongoing proceedings, both civil and criminal, and how to facilitate appropriate contact between the children and their father. The court also needed to consider the role of the Independent Children's Lawyer and the children's therapists in monitoring the children's progress and well-being.

Justice Dawe ordered an adjournment of further consideration of the proceedings to a later date, allowing for the father's criminal proceedings to potentially resolve. Liberty was granted to the father to apply for earlier resolution if his criminal matters concluded or if therapists' reports indicated the children could benefit from earlier contact. The Independent Children's Lawyer was directed to make regular enquiries of the children's therapists and to obtain an updated report prior to the adjourned hearing. Crucially, an injunction was granted restraining both parents from discussing the proceedings or allegations with the children, or in their presence, with specific exceptions for medical professionals and those involved in the criminal proceedings.
Details

Areas of Law

  • Family Law

  • Criminal Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Jurisdiction

  • Appeal

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