Heaton and Heaton

Case

[2016] FCCA 1740

5 May 2016


Details
AGLC Case Decision Date
Heaton and Heaton [2016] FCCA 1740 [2016] FCCA 1740 5 May 2016

CaseChat Overview and Summary

This matter concerned interim property and parenting orders made by Judge Jones. The dispute involved the parents' arrangements for their four children, X, Y, Z, and W, born between 2002 and 2006.

The court was required to determine the terms of interim property orders, the specific arrangements for the children to spend time with their father, and the father's attendance at psychological assessment. Further issues included the discharge of a previous order, the supervision of the children's time with the father, the father's contact with the children and the mother's workplace, and the preparation of an updated family report. The court also considered injunctions to prevent the father from attending the children's school and from posting information about the proceedings on social media.

The court made interim property orders in terms of minutes dated 5 May 2016. It ordered that the children spend time with the father each Saturday, with supervision by the paternal grandparents for the initial period, and thereafter in substantial attendance. The paternal grandparents were required to provide written undertakings to the court regarding their supervision and their obligations in specific circumstances, including if a child appeared distressed or the father engaged in physical discipline, or if the father discussed the proceedings or made denigrating comments about the mother. The father was also permitted to spend additional supervised time with the children weekly, subject to the approval of a professional supervisor by the Independent Children's Lawyer (ICL) and specific notification requirements to the mother. The father was ordered to attend upon a clinical psychologist for assessment and report preparation, and the ICL was authorised to provide relevant reports to this psychologist and to a family consultant.

Injunctions were granted restraining the father from posting information about the proceedings on social media, contacting the children by any means, contacting the mother's workplace, and attending the children's school. The mother was directed to provide a copy of the orders to the children's school. The parties and children were ordered to attend upon a family consultant for an updated family report, which was to address the children's views, matters under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other relevant welfare matters. Leave was granted for the family report writer to inspect subpoenaed documents, and the ICL was authorised to provide all relevant reports to the family consultant.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Heaton and Heaton (No.2) [2017] FCCA 557
Cases Cited

6

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Eaby & Speelman [2015] FamCAFC 104
SS & AH [2010] FamCAFC 13