Kinsealy and Arthur

Case

[2009] FamCA 117

4 February 2009


Details
AGLC Case Decision Date
Kinsealy and Arthur [2009] FamCA 117 [2009] FamCA 117 4 February 2009

CaseChat Overview and Summary

The proceedings involved a dispute between a father and mother concerning their child, born in April 2004. The matter came before Loughnan JR.

The court was required to determine the interim arrangements for the child's time with the father, the appointment of an Independent Children's Lawyer, and the provision of legal representation for the child. Further issues included the facilitation of the child's attendance at interviews with their representative and the filing of court documents by the mother.

Loughnan JR ordered that the father's time with the child, as previously ordered on 14 February 2008, be suspended until 17 March 2009, unless the parties agreed otherwise in writing. However, the court also ordered that if practicable, the father should spend time with the child each weekend until the adjourned date, provided the child spent each night in premises also occupied by the paternal grandparents. An Independent Children's Lawyer was appointed for the child pursuant to section 68L of the *Family Law Act 1975*, and the Legal Aid Commission of New South Wales was requested to arrange representation for the child. The court also directed the mother to file her response and supporting affidavits by 27 February 2009 and requested the parties attend a Child Dispute Conference with separate interviews.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Injunction

  • Remedies

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