Hickson and Green
Case
•
[2017] FamCA 1124
•14 December 2017
Details
AGLC
Case
Decision Date
Hickson and Green [2017] FamCA 1124
[2017] FamCA 1124
14 December 2017
CaseChat Overview and Summary
This matter concerned an application before Cleary J in the Federal Circuit Court of Australia, brought by the father of two children against the mother. The dispute revolved around the mother's contact with the children, specifically concerning telephone contact arrangements and the mother's ability to permit third-party contact.
The court was required to determine whether to suspend an existing order for telephone contact between the mother and the children, and whether to restrain the mother from contacting the children directly or indirectly through third parties. The court also considered the role of the Independent Children's Lawyer in disseminating the orders and the mother's access to her treating psychiatrist.
Cleary J ordered that the existing telephone contact arrangement, whereby the mother was to initiate calls every Tuesday between 6:00 pm and 6:30 pm, be suspended. This suspension was to commence after the children's first contact visit with the mother at the G Group Contact Centre. Furthermore, the mother was restrained from contacting the children by telephone or by permitting third parties to contact them on her behalf. The Independent Children's Lawyer was directed to provide a copy of these orders to the G Group Contact Centre. By consent, the mother was granted leave to provide a specific report to her treating psychiatrist.
The court was required to determine whether to suspend an existing order for telephone contact between the mother and the children, and whether to restrain the mother from contacting the children directly or indirectly through third parties. The court also considered the role of the Independent Children's Lawyer in disseminating the orders and the mother's access to her treating psychiatrist.
Cleary J ordered that the existing telephone contact arrangement, whereby the mother was to initiate calls every Tuesday between 6:00 pm and 6:30 pm, be suspended. This suspension was to commence after the children's first contact visit with the mother at the G Group Contact Centre. Furthermore, the mother was restrained from contacting the children by telephone or by permitting third parties to contact them on her behalf. The Independent Children's Lawyer was directed to provide a copy of these orders to the G Group Contact Centre. By consent, the mother was granted leave to provide a specific report to her treating psychiatrist.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
Hickson and Green [2017] FamCA 1124
Most Recent Citation
HICKSON & GREEN [2019] FamCA 678
Cases Cited
0
Statutory Material Cited
0