Herbert and Herbert (No. 2)

Case

[2018] FamCA 1035

7 December 2018


Details
AGLC Case Decision Date
Herbert and Herbert (No. 2) [2018] FamCA 1035 [2018] FamCA 1035 7 December 2018

CaseChat Overview and Summary

In *Herbert and Herbert (No. 2)*, Forrest J of the Federal Circuit Court of Australia considered parenting orders concerning two children, X and Y. The dispute involved the arrangements for the children's time with their mother, including specific conditions designed to minimise direct contact between the parents.

The court was required to determine the appropriate interim parenting orders, specifically addressing the frequency and nature of the children's time with their mother, and to impose restrictions on the parents' conduct in relation to the children and each other. The court also considered the potential need for a Recovery Order if the children were not returned to the father as scheduled, and the procedure for adducing expert accounting evidence in related property adjustment proceedings.

Forrest J ordered that the children spend unsupervised time with their mother each second weekend, with specific handover arrangements designed to prevent direct contact between the parents. The mother was restrained from denigrating the father or his partner to the children and from discussing court proceedings or other inappropriate adult issues with them. The father was granted liberty to seek a Recovery Order if the children were not returned at the conclusion of their time with the mother. The proceedings were listed for further consideration, including the potential for fresh evidence, further interim orders, and directions for an expedited final hearing, with a deadline set for the mother to file any application for leave to adduce adversarial expert accounting evidence.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

  • Discovery

  • Appeal

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