Hoban and Herbert

Case

[2015] FCCA 3514

12 October 2015


Details
AGLC Case Decision Date
Hoban and Herbert [2015] FCCA 3514 [2015] FCCA 3514 12 October 2015

CaseChat Overview and Summary

In the matter of Hoban and Herbert, Judge Harman considered orders relating to the parenting of two children, X and Y. The dispute concerned arrangements for the father's time with the children and related procedural matters.

The court was required to determine the specific terms of supervised contact between the father and the children, including the duration and location of such time. Additionally, the court needed to establish communication protocols between the father and the children, and set a timetable for further family dispute resolution, the preparation of an updated Family Report, and the filing of evidence for a final hearing.

Judge Harman ordered that each parent must contact a specified Contact Service within 24 hours for supervised changeovers, with the father to spend time with the children each Saturday from 11:00 am to 5:00 pm within the Sydney metropolitan area. The father was also granted daily telephone communication with the children between 5:00 pm and 6:00 pm, with specific requirements for the mother to ensure the children could speak privately. The parties were directed to engage with a Family Dispute Resolution Practitioner and an updated Family Report was requested. The matter was listed for a final hearing on 25-26 October 2016, with strict deadlines set for the filing of affidavits and case outlines. The court also outlined procedures for cross-examination of the report writer and for relisting the proceedings if compliance with directions was not met or if the matter could not be contained within the allocated hearing time.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Discovery

  • Remedies

  • Standing

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