KIRKPATRICK & HIGGINS

Case

[2015] FCCA 3207

1 December 2015


Details
AGLC Case Decision Date
KIRKPATRICK & HIGGINS [2015] FCCA 3207 [2015] FCCA 3207 1 December 2015

CaseChat Overview and Summary

In the matter of *Kirkpatrick & Higgins*, heard by Judge Scarlett, the applicant mother sought a recovery order concerning the child, X. The proceedings involved allegations of family violence and drug use by the respondent father. The court also considered procedural matters concerning the filing and hearing of the application, which had been filed at the Wollongong Registry but heard at the Sydney Registry.

The primary legal issues before the court were whether to grant interim parenting orders, specifically concerning the child's time with each parent, and the necessity of a Child Dispute Conference. The court also had to determine the appropriate venue and timing for this conference, balancing the availability of Family Consultants with the parties' locations and the court's registry operations.

Judge Scarlett made interim orders directing both parents to attend a Child Dispute Conference at the Sydney Registry on 23 December 2015, pursuant to s.11F of the *Family Law Act 1975*. The respondent father was ordered to file and serve his Response and supporting affidavit by 8 December 2015. The court also established a specific interim parenting schedule for the child, X, detailing time with each parent and a designated location and time for changeovers. The application was adjourned for further mention at the Wollongong Registry on 9 December 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

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