Hill and Ebert and Anor (No 2)

Case

[2016] FamCA 705

25 August 2016


Details
AGLC Case Decision Date
Hill and Ebert and Anor (No 2) [2016] FamCA 705 [2016] FamCA 705 25 August 2016

CaseChat Overview and Summary

In *Hill and Ebert and Anor (No 2)*, Hannam J of the Federal Circuit Court of Australia considered interim parenting orders in circumstances involving allegations concerning the welfare of two children, B and C. The proceedings also involved the paternal grandmother, who was seeking to care for the children.

The court was required to determine several urgent issues, including the interim living arrangements for the children, the extent to which the parents should have contact with the children, and the disclosure of relevant documents from third parties and law enforcement agencies. The court also needed to consider the parental responsibility for the children and the process for future applications regarding time with the children.

Hannam J made orders for the children to live with their paternal grandmother pending further order, and imposed restraints on the father's contact with the children and the paternal grandmother's home. The mother was directed to facilitate the transfer of one child to the paternal grandmother. The court also ordered the disclosure of police reports and criminal proceedings relating to the parents and children, and directed the Department of Family and Community Services to provide an affidavit detailing the current circumstances of the households. The matter was adjourned for further consideration of interim parental responsibility and any applications for time with the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

0

Hill & Ebert [2016] FamCA 122
SS & AH [2010] FamCAFC 13
George & George [2013] FamCAFC 182