Icke and Icke

Case

[2009] FamCA 197

13 February 2009


Details
AGLC Case Decision Date
Icke and Icke [2009] FamCA 197 [2009] FamCA 197 13 February 2009

CaseChat Overview and Summary

In the matter of *Icke and Icke*, Strickland J of the Family Court of Australia considered an application to vary existing orders concerning a child born in February 2003. The father sought to vary orders made by Dawe J on 24 September 2008, specifically regarding the time the child would spend with him and the arrangements for handovers. The mother was also subject to certain restraints.

The court was required to determine the appropriate schedule for the child to spend time with the father, including specific dates and times for supervised contact. Additionally, the court needed to consider whether to grant injunctions restraining the mother from discussing certain sensitive matters, including domestic violence proceedings, abuse allegations, and criminal proceedings, with or in the hearing of the child. The court also had to address the father's application filed on 21 January 2009 and the question of costs.

Strickland J varied the previous orders to establish a detailed schedule for the child's time with the father, commencing in February 2009 and concluding in June 2009. Handovers were to occur inside the S Police Station, with a provision for the H Children’s Contact Service to be used if available. The court also granted injunctions restraining the mother from discussing domestic violence proceedings, abuse allegations, and criminal proceedings with or in the hearing of the child. Furthermore, the mother was restrained from causing or permitting any other person, specifically including Mr D, to denigrate the father or discuss the proceedings in the child's presence. The father's application filed on 21 January 2009 was dismissed. The question of the father's costs was reserved for a future hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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