Jarmin and Elstone

Case

[2017] FCCA 3191

23 November 2017


Details
AGLC Case Decision Date
Jarmin and Elstone [2017] FCCA 3191 [2017] FCCA 3191 23 November 2017

CaseChat Overview and Summary

This matter concerned proceedings between Jarmin and Elstone regarding their child, X. The dispute involved the arrangements for the child's time with the father. The decision was made by Judge Young in the Federal Circuit Court of Australia.

The court was required to determine the immediate arrangements for the child's time with the father and to direct the preparation of a family report. The report was to address the child's views and the factors affecting their weight, the matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters considered important to the child's welfare and best interests by the family consultant. The court also needed to establish protocols for the provision of documents to the report writer and for the confirmation of attendance at interviews.

Judge Young ordered that the child's time with the father be suspended. Pursuant to section 62G(2) of the *Family Law Act 1975*, the parties and the child were directed to attend upon a family consultant for the preparation of a family report, to be released by 28 February 2018. The court also made detailed orders regarding the content of the report, the forwarding of documents, confirmation of attendance, and the release and dissemination of the report, including provisions for objections and noting the potential evidentiary status of the report and the implications of section 121 of the *Family Law Act 1975*. Further directions were given regarding the inspection of subpoenaed documents and the process for the family consultant to consider material produced by subpoena or under section 69ZW of the *Family Law Act 1975*.

The matter was adjourned to 22 March 2018 for further consideration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Discovery

  • Remedies

  • Costs

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