Jervis and Bannon

Case

[2015] FCCA 3588

16 December 2015


Details
AGLC Case Decision Date
Jervis and Bannon [2015] FCCA 3588 [2015] FCCA 3588 16 December 2015

CaseChat Overview and Summary

This matter concerned proceedings between Ms Jervis and Mr Bannon, heard in the Federal Circuit Court of Australia. The dispute involved the care and welfare of the parties' two children, X and Y.

The court was required to determine the interim parenting arrangements for the children and to make orders for the preparation of a Family Report. Specifically, the court needed to consider the children's views, the matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and the likely effect of proposed orders on the children. The court also had to consider any other matters relevant to the children's welfare and best interests.

The court ordered that the children live with the mother, Ms Jervis, and set out specific time, communication, and holiday arrangements for the father, Mr Bannon. Crucially, the court directed that the parties and the children attend upon a Family Consultant for the preparation of a Family Report, which was to address the children's views, relevant statutory considerations, and the impact of proposed orders. The court also issued injunctions restraining the father from removing the children from the mother's care and prohibiting both parties from discussing the proceedings with or in the presence of the children, or denigrating the other parent. Further orders were made regarding the father's immediate return of the children to the mother's care, with provisions for enforcement by law enforcement agencies if necessary. The court also imposed restrictions on the parties' alcohol consumption while the children are in their care. Costs were reserved.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

KEDVES & SEGAL [2020] FCCA 67
Tait & Densmore [2007] FamCA 1383