Jasper and Jasper (No 2)
Case
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[2014] FamCA 688
•11 August 2014
Details
AGLC
Case
Decision Date
Jasper and Jasper (No 2) [2014] FamCA 688
[2014] FamCA 688
11 August 2014
CaseChat Overview and Summary
In the matter of *Jasper and Jasper (No 2)*, Forrest J of the Family Court of Australia considered an application concerning the living arrangements and parental responsibility for two children, E and H. The dispute involved the mother's application for the judge to disqualify himself from further determining the proceedings, alongside the urgent need to establish the children's residence and contact arrangements.
The court was required to determine the immediate living arrangements for the children, specifically whether they should reside with the father and who should hold parental responsibility. Furthermore, the court had to consider the extent of any contact, if any, the children should have with their mother, and the appropriate method for any communication. The mother's application for the judge's disqualification also presented a procedural issue for the court to address.
Forrest J ordered that the children, E and H, live with their father and that he have sole parental responsibility until further order. The court further ordered that the children have no contact with the mother until further order, though they were permitted to communicate with her by telephone as determined by the father, in consultation with his counsellors. The proceedings were adjourned for a further hearing, and specific directions were given regarding the mother's departure from the court building and the psychologist's role in explaining the court's orders to the children. The mother was granted liberty to file further applications and supporting material before the adjourned hearing.
The court was required to determine the immediate living arrangements for the children, specifically whether they should reside with the father and who should hold parental responsibility. Furthermore, the court had to consider the extent of any contact, if any, the children should have with their mother, and the appropriate method for any communication. The mother's application for the judge's disqualification also presented a procedural issue for the court to address.
Forrest J ordered that the children, E and H, live with their father and that he have sole parental responsibility until further order. The court further ordered that the children have no contact with the mother until further order, though they were permitted to communicate with her by telephone as determined by the father, in consultation with his counsellors. The proceedings were adjourned for a further hearing, and specific directions were given regarding the mother's departure from the court building and the psychologist's role in explaining the court's orders to the children. The mother was granted liberty to file further applications and supporting material before the adjourned hearing.
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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Jurisdiction
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Procedural Fairness
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Costs
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Injunction
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