Hillman and Hillman
Case
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[2017] FamCA 308
•8 May 2017
Details
AGLC
Case
Decision Date
Hillman and Hillman [2017] FamCA 308
[2017] FamCA 308
8 May 2017
CaseChat Overview and Summary
The parties in this matter were the parents of two children, B and C. The dispute concerned arrangements for the children to spend time together, with the court making interim orders by consent. The court was required to determine the terms of these interim orders, which aimed to facilitate conflict-free sibling contact.
The court's reasoning was based on the consent of the parties, leading to a series of detailed orders. These orders stipulated that the children would spend time together in the presence of a facilitator, Ms D, each alternate Saturday. Specific provisions were made regarding the location of this contact, the responsibility for costs associated with Ms D's involvement, and the parents' obligation to comply with her directions to ensure the time was conflict-free. The orders also included arrangements for the children to be introduced to Ms D via the Independent Children's Lawyer and for the Independent Children's Lawyer to obtain reports from Ms D. Detailed handover arrangements at a shopping centre were also prescribed.
By consent, the court discharged certain previous orders and dismissed specific claims made in an amended application. The court also included a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). Following the making of these consent orders, the applicant was granted leave to amend their application to seek permission to remove one of the children from Australia during a school holiday period.
The court's reasoning was based on the consent of the parties, leading to a series of detailed orders. These orders stipulated that the children would spend time together in the presence of a facilitator, Ms D, each alternate Saturday. Specific provisions were made regarding the location of this contact, the responsibility for costs associated with Ms D's involvement, and the parents' obligation to comply with her directions to ensure the time was conflict-free. The orders also included arrangements for the children to be introduced to Ms D via the Independent Children's Lawyer and for the Independent Children's Lawyer to obtain reports from Ms D. Detailed handover arrangements at a shopping centre were also prescribed.
By consent, the court discharged certain previous orders and dismissed specific claims made in an amended application. The court also included a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). Following the making of these consent orders, the applicant was granted leave to amend their application to seek permission to remove one of the children from Australia during a school holiday period.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
Hillman and Hillman [2017] FamCA 308
Cases Citing This Decision
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Statutory Material Cited
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