Lambman and Lambman (No.2)

Case

[2011] FMCAfam 496

25 February 2011


Details
AGLC Case Decision Date
Lambman and Lambman (No.2) [2011] FMCAfam 496 [2011] FMCAfam 496 25 February 2011

CaseChat Overview and Summary

The matter before the Family Court of Australia was a dispute between the parents of two minor children regarding arrangements for the children's access to their mother, who was terminally ill. The father sought orders to facilitate the children's visitation with their maternal aunt, as well as arrangements for the children's attendance at the mother's funeral and memorial services. The mother, in turn, had filed an application for contravention of a prior court order.

The court was required to determine whether the proposed visitation arrangements were in the best interests of the children and whether the father should be required to facilitate the children's attendance at the mother's funeral and memorial services. The court was also required to decide whether the contravention application should be stood over to a later date.

In making its decision, the court considered the evidence presented by both parties and the best interests of the children. The court found that the proposed visitation arrangements were in the best interests of the children and ordered the father to facilitate the children's access to their maternal aunt. The court also ordered the father and the maternal aunt to attend a Family Dispute Resolution Conference to discuss ongoing time the children are to spend with the maternal aunt after the mother's death. Finally, the court decided to stand over the contravention application to a later date to be advised.

In summary, the court made orders for the father to facilitate the children's visitation with their maternal aunt and attendance at the mother's funeral and memorial services. The court also ordered the father and the maternal aunt to attend a Family Dispute Resolution Conference and stood over the contravention application to a later date.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Custody

  • Family Dispute Resolution

  • Funeral Arrangements

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Cases Citing This Decision

8

Cases Cited

2

Statutory Material Cited

2

Monds & Mullan [2009] FMCAfam 58
KEDVES & SEGAL [2020] FCCA 67
KEDVES & SEGAL [2020] FCCA 67