JANSSEN & JANSSEN

Case

[2013] FCCA 2281

19 December 2013


Details
AGLC Case Decision Date
Janssen and Janssen [2013] FCCA 2281 [2013] FCCA 2281 19 December 2013

CaseChat Overview and Summary

In the Family Court of Australia, Judge Scarlett considered parenting orders concerning three children, X, Y, and Z. The dispute involved allegations of family violence, the need to protect the children, a family violence order in force, and pending criminal proceedings. The proceedings also addressed the mother's application to relocate the children's residence and a potential change of venue to the Wollongong Registry.

The court was required to determine whether to appoint an Independent Children's Lawyer, the best interests of the children in light of the family violence allegations and pending criminal proceedings, and whether the children should relocate with the mother. Additionally, the court considered the convenience of the parties and the limitation of expense in relation to a potential transfer of the proceedings.

Judge Scarlett reasoned that the appointment of an Independent Children's Lawyer was necessary to represent the children's interests, particularly given the serious allegations and the existing family violence order. The court applied the principles of the *Family Law Act 1975*, specifically section 68L, concerning the independent representation of children. The court also made interim orders regarding parental responsibility, the children's residence, and the father's communication with the children, while dismissing the application filed on 7 November 2013 and adjourning the matter for further mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

1

JANSSEN & JANSSEN [2015] FCCA 2131
Cases Cited

3

Statutory Material Cited

4

BENSON & OWENS [2011] FamCAFC 236
D & SV [2003] FamCA 280
Goode & Goode [2006] FamCA 1346