Lambard and Lambard & Anor
Case
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[2020] FamCA 405
•26 May 2020
Details
AGLC
Case
Decision Date
Lambard and Lambard & Anor [2020] FamCA 405
[2020] FamCA 405
26 May 2020
CaseChat Overview and Summary
The case of *Lambard and Lambard & Anor* concerned parenting orders made by McClelland DCJ. The dispute involved the residence of a child born in 2019, with orders being made regarding the child's relocation and time spent with the maternal grandmother.
The court was required to determine the primary residence of the child and the arrangements for the child to spend time with both the father and the maternal grandmother. Additionally, the court addressed the appointment of a single expert and the process for obtaining a report from that expert, as well as setting a future hearing date.
McClelland DCJ ordered that, subject to an election by the father, the child's residence be relocated to a specific apartment in Suburb C, New South Wales, with restrictions on further relocation. Alternatively, the father could elect to deliver the child to the maternal grandmother's residence in Suburb E, New South Wales, in which case the child would live with the maternal grandmother and spend time with the father when he was in Sydney. The court also made specific orders for the child to spend time with the maternal grandmother and for changeovers to occur at a designated location. A single expert was appointed to prepare a report, with the costs to be borne equally by the parties, and directions were given for the preparation of a joint letter of instruction and for the parties to make themselves available for interviews. The matter was adjourned for further directions and set down for a five-day hearing commencing on 31 August 2020. The court also noted that travel between New South Wales and Queensland for the purposes of complying with these orders was an exemption to Queensland's Border Restrictions Direction.
The court was required to determine the primary residence of the child and the arrangements for the child to spend time with both the father and the maternal grandmother. Additionally, the court addressed the appointment of a single expert and the process for obtaining a report from that expert, as well as setting a future hearing date.
McClelland DCJ ordered that, subject to an election by the father, the child's residence be relocated to a specific apartment in Suburb C, New South Wales, with restrictions on further relocation. Alternatively, the father could elect to deliver the child to the maternal grandmother's residence in Suburb E, New South Wales, in which case the child would live with the maternal grandmother and spend time with the father when he was in Sydney. The court also made specific orders for the child to spend time with the maternal grandmother and for changeovers to occur at a designated location. A single expert was appointed to prepare a report, with the costs to be borne equally by the parties, and directions were given for the preparation of a joint letter of instruction and for the parties to make themselves available for interviews. The matter was adjourned for further directions and set down for a five-day hearing commencing on 31 August 2020. The court also noted that travel between New South Wales and Queensland for the purposes of complying with these orders was an exemption to Queensland's Border Restrictions Direction.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Costs
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Expert Evidence
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Remedies
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Procedural Fairness
Actions
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Most Recent Citation
Lambard & Lambard (No 2) [2022] FedCFamC1F 974
Cases Citing This Decision
3
Lambard and Lambard & Ors (No 3)
[2020] FamCA 879
Lambard and Lambard & Ors (No 2)
[2020] FamCA 858
Lambard & Lambard (No 2)
[2022] FedCFamC1F 974
Cases Cited
6
Statutory Material Cited
3
Masson v Parsons
[2019] HCA 21
Masson v Parsons
[2019] HCA 21
M & S
[2006] FamCA 1408