JEFFS & MARSHALL (No.2)
Case
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[2018] FCCA 3713
•13 December 2018
Details
AGLC
Case
Decision Date
Jeffs and Marshall (No.2) [2018] FCCA 3713
[2018] FCCA 3713
13 December 2018
CaseChat Overview and Summary
In *Jeffs & Marshall (No.2)*, Judge Harland of the Family Court of Australia considered an oral application for interim parenting orders made by the father during a part-heard trial. The dispute concerned the arrangements for the children, [X] and [Y], pending the resumption of the trial.
The central legal issue before the Court was whether to grant interim parenting orders that would allow the father to spend time with the children during the period between the conclusion of the first part of the trial and its resumption. This required the Court to assess the best interests of the children in the context of an ongoing family law proceeding.
Judge Harland reasoned that it was in the children's best interests to have supervised contact with their father. The Court ordered that the father spend time with the children from 10:00 am on 11 January 2019 to 4:00 pm on 14 January 2019. This time was to be supervised by Ms A, who was required to file an undertaking with the Court within seven days prior to the commencement of the contact. The orders also specified the locations and times for changeovers, including the father's responsibility for the supervisor's fees.
The central legal issue before the Court was whether to grant interim parenting orders that would allow the father to spend time with the children during the period between the conclusion of the first part of the trial and its resumption. This required the Court to assess the best interests of the children in the context of an ongoing family law proceeding.
Judge Harland reasoned that it was in the children's best interests to have supervised contact with their father. The Court ordered that the father spend time with the children from 10:00 am on 11 January 2019 to 4:00 pm on 14 January 2019. This time was to be supervised by Ms A, who was required to file an undertaking with the Court within seven days prior to the commencement of the contact. The orders also specified the locations and times for changeovers, including the father's responsibility for the supervisor's fees.
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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Appeal
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Jurisdiction
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Remedies
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Costs
Actions
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Most Recent Citation
Jeffs and Marshall (No.5) [2020] FCCA 2893