Hibberd and Banner

Case

[2013] FamCA 1066

13 December 2013


Details
AGLC Case Decision Date
Hibberd and Banner [2013] FamCA 1066 [2013] FamCA 1066 13 December 2013

CaseChat Overview and Summary

In the matter of *Hibberd and Banner*, Austin J of the Family Court of Australia considered an application concerning the supervision of a child's time with the father. The dispute arose from previous orders made on 23 August 2013, which were being implemented, and subsequent applications filed by both the mother and the father.

The court was required to determine the specific arrangements for the supervision of the child's time with the father, as well as to consider and rule upon the applications filed by both the mother and the father, and any outstanding applications for interim orders.

Austin J ordered that for the purposes of implementing the existing orders, the child's time with the father was to be supervised by either the father's wife, Ms B Hibberd, the paternal grandfather, Mr C Hibberd, or the paternal grandmother, Ms D Hibberd. The mother's application filed on 23 September 2013 and the father's response filed on 5 November 2013 were both dismissed, as were any outstanding applications for interim orders. The court also directed that a sealed copy of these orders be sent to the Registrar of the Local Court of NSW at Town E and the Commissioner of the NSW Police Service due to an inconsistency with previous orders and an existing Apprehended Violence Order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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