Jarden and Eastwood (No 2)
Case
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[2020] FamCA 381
•20 May 2020
Details
AGLC
Case
Decision Date
Jarden and Eastwood (No 2) [2020] FamCA 381
[2020] FamCA 381
20 May 2020
CaseChat Overview and Summary
This matter concerned an application to vary existing parenting orders between Ms Jarden and Ms Eastwood concerning their child. The proceedings were heard by Cleary J.
The court was required to determine the terms of supervised contact between Ms Jarden and the child, including the location, duration, and supervision arrangements for that contact. The court also had to consider the conditions under which nominated supervisors could act and the procedure to be followed if the child was at risk of harm.
Cleary J varied the previous orders to establish a phased approach to supervised contact. Initially, contact was to occur for one hour on two consecutive weeks at a contact centre or, failing that, through private supervision at the maternal grandmother's home or a park, with specific changeover protocols. Subsequently, contact was to increase to two hours weekly, supervised by nominated individuals who were required to file an undertaking with the court. This undertaking stipulated that supervisors must remove the child from harm, contact Ms Eastwood, and identify the risk if Ms Jarden's conduct placed the child in danger.
The court ordered that the previous orders of 1 April 2020 be varied, discharging specific prior orders and establishing the new supervised contact arrangements. The application and response filed by the parties were otherwise dismissed.
The court was required to determine the terms of supervised contact between Ms Jarden and the child, including the location, duration, and supervision arrangements for that contact. The court also had to consider the conditions under which nominated supervisors could act and the procedure to be followed if the child was at risk of harm.
Cleary J varied the previous orders to establish a phased approach to supervised contact. Initially, contact was to occur for one hour on two consecutive weeks at a contact centre or, failing that, through private supervision at the maternal grandmother's home or a park, with specific changeover protocols. Subsequently, contact was to increase to two hours weekly, supervised by nominated individuals who were required to file an undertaking with the court. This undertaking stipulated that supervisors must remove the child from harm, contact Ms Eastwood, and identify the risk if Ms Jarden's conduct placed the child in danger.
The court ordered that the previous orders of 1 April 2020 be varied, discharging specific prior orders and establishing the new supervised contact arrangements. The application and response filed by the parties were otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Costs
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Procedural Fairness
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