Irving and Irving and Ors

Case

[2013] FCCA 2380

18 December 2013


Details
AGLC Case Decision Date
Irving and Irving and Ors [2013] FCCA 2380 [2013] FCCA 2380 18 December 2013

CaseChat Overview and Summary

In the matter of *Irving and Irving and Ors*, Judge Neville of the Family Court of Australia made orders concerning the time spent by the Father with his three children, X, Y, and Z, and the involvement of the paternal grandparents. The dispute centred on arrangements for the children's welfare and contact with their father, particularly in light of the father's mental health treatment.

The court was required to determine appropriate parenting orders that would facilitate supervised time between the Father and the children, establish communication protocols, and ensure the children's safety and well-being. Key issues included the level of supervision required for contact, the father's compliance with his psychiatric treatment, and the appointment of an Independent Children's Lawyer to represent the children's interests. The court also considered the need for psycho-education for all parties involved.

Judge Neville's reasoning led to a detailed set of orders aimed at balancing the father's right to spend time with his children with the need for their protection. The orders mandated supervised contact, specified changeover procedures to minimise conflict, and permitted limited telephone contact. Crucially, the father was required to remain on a psychiatric treatment order and provide consent for his mental health team to communicate with other parties, with his time with the children contingent on compliance with his treatment regime. The court also appointed an Independent Children's Lawyer and requested the Legal Aid Office of the ACT to arrange representation for the children, listing the matter for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Goode & Goode [2006] FamCA 1346
Champness & Hanson [2009] FamCAFC 96