Kimberley& Adamo

Case

[2018] FCCA 420

22 January 2018


Details
AGLC Case Decision Date
Kimberley& Adamo [2018] FCCA 420 [2018] FCCA 420 22 January 2018

CaseChat Overview and Summary

This matter concerned proceedings between Kimberley and Adamo, with Judge Brown presiding. The dispute involved the care and welfare of the child of the relationship, [X], born in 2015. The court was required to make orders regarding the child's living arrangements, parental time, and the preparation of a family report.

The primary legal issues before the court were the best interests of the child, [X], as mandated by the *Family Law Act 1975*. Specifically, the court needed to determine appropriate interim living arrangements and parental time, and to direct the preparation of a family report to inform future decisions. The court also considered the matters outlined in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975* in relation to the child's welfare.

The court ordered that the parties and the child attend upon a Regulation 7 practitioner for the preparation of a family report, which was to include interviews with the parties and child, observed interactions, and consideration of the child's views and maturity. The report was to address the matters set out in the relevant sections of the *Family Law Act 1975* and any other factors deemed important to the child's welfare. Interim orders were made for the child to live with the mother, with specific provisions for the father to return the child and to spend time with the child on alternate Saturdays. Both parties were also restrained from discussing the proceedings in the child's presence. The matter was listed for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Natural Justice

  • Costs

  • Appeal

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Deiter & Deiter [2011] FamCAFC 82
Slater & Light [2013] FamCAFC 4