Hewitt and Hurley
Case
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[2017] FamCA 617
•17 August 2017
Details
AGLC
Case
Decision Date
Hewitt and Hurley [2017] FamCA 617
[2017] FamCA 617
17 August 2017
CaseChat Overview and Summary
In *Hewitt and Hurley*, Hannam J of the Family Court of Australia considered parenting orders concerning three children. The dispute involved the father seeking sole parental responsibility and the children to live with him, while the mother had filed an application seeking a Recovery Order.
The court was required to determine the interim parenting arrangements for the children, specifically whether to grant the father sole parental responsibility and orders for the children to live with him. Additionally, the court considered the mother's application for a Recovery Order and the potential intervention of state child protection departments.
Hannam J discharged all previous parenting orders and made interim orders granting the father sole parental responsibility and for the children to live with him. This was to be effected by an agreed handover arrangement for the eldest child, B, by a specified date, failing which a Recovery Order would be issued. The court also requested the intervention of the Secretaries of the NSW and Queensland Departments of Family and Community Services, granting them leave to inspect court documents. The mother's application for a Recovery Order was dismissed. The proceedings were listed for a further hearing to address the mother's time with the children, with directions for the parties to file outlines of case and proposed orders. Consideration was also to be given to transferring the proceedings to the Brisbane Registry.
The court was required to determine the interim parenting arrangements for the children, specifically whether to grant the father sole parental responsibility and orders for the children to live with him. Additionally, the court considered the mother's application for a Recovery Order and the potential intervention of state child protection departments.
Hannam J discharged all previous parenting orders and made interim orders granting the father sole parental responsibility and for the children to live with him. This was to be effected by an agreed handover arrangement for the eldest child, B, by a specified date, failing which a Recovery Order would be issued. The court also requested the intervention of the Secretaries of the NSW and Queensland Departments of Family and Community Services, granting them leave to inspect court documents. The mother's application for a Recovery Order was dismissed. The proceedings were listed for a further hearing to address the mother's time with the children, with directions for the parties to file outlines of case and proposed orders. Consideration was also to be given to transferring the proceedings to the Brisbane Registry.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Hewitt and Hurley [2017] FamCA 617
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
SS & AH
[2010] FamCAFC 13
Deiter & Deiter
[2011] FamCAFC 82