Kitchener and Crowther

Case

[2011] FamCA 975

8 December 2011


Details
AGLC Case Decision Date
Kitchener and Crowther [2011] FamCA 975 [2011] FamCA 975 8 December 2011

CaseChat Overview and Summary

In the matter of *Kitchener and Crowther*, Benjamin J of the Family Court of Australia considered an application to vary an existing court order concerning the father's supervised time with his two children. The dispute centred on the terms of supervision, specifically the identity of the approved supervisors and the procedural requirements for their appointment.

The court was required to determine whether to vary the existing order of 23 December 2010, which mandated supervision of the father's time with the children by his step-mother, his father, or another person agreed in writing by the parties. A further issue was the nature of the undertaking required from any such supervisor, including their obligation to file and serve an affidavit confirming their commitment to properly supervise and acknowledging their review of specific court documents.

Benjamin J ordered that until further order, the existing supervision arrangements would be modified. The court stipulated that any supervisor must file and serve an affidavit containing an undertaking to properly supervise the children. This undertaking was to be accompanied by a deposition that the supervisor had read the original order of 23 December 2010, along with a series of affidavits filed by various individuals between November and December 2011.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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