Hernandez and Bazeno

Case

[2008] FamCA 912

24 October 2008


Details
AGLC Case Decision Date
Hernandez and Bazeno [2008] FamCA 912 [2008] FamCA 912 24 October 2008

CaseChat Overview and Summary

The proceedings involved the parties, Hernandez and Bazeno, and concerned orders relating to their child. The dispute centred on arrangements for the child's time with the father and the appointment of a single expert to report on the child's welfare. The matter came before Watts J.

The court was required to determine the terms of consent orders regarding the child's time with the father, including supervision and changeover arrangements. Additionally, the court needed to make orders for the appointment of a single expert, Dr R, a Child and Family Psychiatrist, to inquire into and report on various matters concerning the child's welfare, and to address the costs associated with this expert's report.

Watts J made orders by consent, vacating a previous order of the Federal Magistrates Court. New orders were made for the child to spend supervised time with the father each Saturday, with specific changeover arrangements at a police station. The court also appointed Dr R as a single expert pursuant to the Family Law Rules, to report on the child's views, relationships, parental capacity, and allegations of abuse, among other welfare-related matters. The parties were made jointly and severally liable for the expert's fees, with initial payments to be made to the Legal Aid Commission. The court also included particulars of obligations and consequences of contravention of the orders, as required by the Family Law Act.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Expert Evidence

  • Costs

  • Jurisdiction

  • Procedural Fairness

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