Jeffrey & Carlsen

Case

[2021] FCCA 1038

13 April 2021


Details
AGLC Case Decision Date
Jeffrey & Carlsen [2021] FCCA 1038 [2021] FCCA 1038 13 April 2021

CaseChat Overview and Summary

This matter concerned an application by Mr Jeffrey against Ms Carlsen and Mr Carlsen. The dispute involved orders relating to the children X, Y, and Z.

The court was required to determine the parenting arrangements for the children, including the father's enrolment and completion of specific programs, the children's living arrangements, and the time the children would spend with each parent. Further issues included arrangements for special days, communication between the parents, and injunctions against denigrating each other or discussing the proceedings with the children. The court also considered the independent representation of the children's interests and the preparation of a family report.

Justice Young ordered that the father enrol and complete a '1-2-3 Magic' or 'Circles of Security' course and a Men's Behaviour Change Program. The children were to live with the mother and spend time with the father, with the frequency and duration of this time increasing upon proof of the father's enrolment and subsequent completion of the required programs. Specific arrangements were made for special days, including Father's Day, Mother's Day, birthdays, and the children's birthdays. The court also mandated the use of a specific communication app, ordered that parents communicate about all issues regarding the children, and granted privacy for phone calls between parents and children. Injunctions were issued restraining the parties from denigrating each other or discussing the proceedings with the children. An Independent Children's Lawyer was to be appointed to represent the children's interests, and a family report was to be prepared by a family consultant. The proceedings were adjourned to a trial call-over list.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

  • Appeal

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