Howe and Reedy
Case
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[2010] FamCA 386
•10 March 2010
Details
AGLC
Case
Decision Date
Howe and Reedy [2010] FamCA 386
[2010] FamCA 386
10 March 2010
CaseChat Overview and Summary
This matter concerned orders made by consent between the parties, Howe and Reedy, in the Federal Magistrates Court of Australia. The dispute revolved around arrangements for a child born in November 2006, specifically concerning the time the child would spend with the father.
The court was required to determine the specific terms of the consent orders regarding the child's time with the father, including the progression of these arrangements over several years, and provisions for changeovers and school holidays. The court also needed to address the discharge of all other existing orders and applications concerning the child, the role and discharge of the independent children's lawyer, and the inclusion of a Fact Sheet detailing the obligations and consequences of contravening the orders.
The court made orders by consent of the parties, reflecting the terms of a minute of orders annexed to the court file. These orders detailed a phased approach to the child's time with the father, commencing in 2010 and extending through 2013, with specific provisions for alternate weekends and weekday overnights. The orders also stipulated that the child would be collected from or returned to school or kindergarten for changeovers, and specified a particular location for changeovers occurring elsewhere. Provisions were made for the suspension of alternate weekend time during school holidays and for the liberty to apply for clarification of the orders. The court further ordered that all other existing orders and applications concerning the child be discharged and dismissed, respectively, and that the independent children's lawyer not be discharged until a specified date.
The court was required to determine the specific terms of the consent orders regarding the child's time with the father, including the progression of these arrangements over several years, and provisions for changeovers and school holidays. The court also needed to address the discharge of all other existing orders and applications concerning the child, the role and discharge of the independent children's lawyer, and the inclusion of a Fact Sheet detailing the obligations and consequences of contravening the orders.
The court made orders by consent of the parties, reflecting the terms of a minute of orders annexed to the court file. These orders detailed a phased approach to the child's time with the father, commencing in 2010 and extending through 2013, with specific provisions for alternate weekends and weekday overnights. The orders also stipulated that the child would be collected from or returned to school or kindergarten for changeovers, and specified a particular location for changeovers occurring elsewhere. Provisions were made for the suspension of alternate weekend time during school holidays and for the liberty to apply for clarification of the orders. The court further ordered that all other existing orders and applications concerning the child be discharged and dismissed, respectively, and that the independent children's lawyer not be discharged until a specified date.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness