Harris and Harris (No 3)

Case

[2016] FamCA 370

13 May 2016


Details
AGLC Case Decision Date
Harris and Harris (No 3) [2016] FamCA 370 [2016] FamCA 370 13 May 2016

CaseChat Overview and Summary

In *Harris and Harris (No 3)*, Dawe J of the Federal Circuit Court of Australia considered a dispute between a mother and father concerning parenting orders. The proceedings involved several outstanding contravention applications filed by the mother, as well as applications for final parenting orders.

The court was required to determine whether to dismiss the mother's outstanding contravention applications and to consider the appropriate orders regarding the children's time with the mother and communication between them. A key issue was the management of multiple contravention applications and the potential impact on the final hearing of the parenting proceedings.

Dawe J varied existing orders to specify the times for the mother's telephone contact with the children and to ensure the father provided the correct contact details and facilitated the communication. The court also made provision for the child J to spend time with and communicate with the mother, subject to the child's wishes, and adjusted specific dates for the children's time with the mother. Crucially, the contravention application filed by the mother on 8 February 2016 was dismissed. The court also directed the mother to confirm which of her other outstanding contravention applications she intended to proceed with, to enable the scheduling of a hearing for those applications or the final parenting proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Remedies

  • Res Judicata

  • Standing

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