Larvin and Larvin (No. 2)

Case

[2009] FamCA 475

1 June 2009


Details
AGLC Case Decision Date
Larvin and Larvin (No. 2) [2009] FamCA 475 [2009] FamCA 475 1 June 2009

CaseChat Overview and Summary

In the matter of *Larvin and Larvin (No. 2)*, Justice Cronin of the Family Court of Australia made orders concerning the welfare of the parties' children and the progression of property adjustment proceedings. The proceedings involved a husband and wife, with the court addressing issues related to the children's living arrangements, parental responsibility, and the wife's contact with them, as well as the husband's application for property adjustment.

The court was required to determine the appropriate orders for the children's residence, the husband's sole responsibility for them, and the conditions under which the wife could spend time with the children. Additionally, the court considered the husband's liberty to travel with the children and obtain passports for them, and the wife's proximity to the children's school and other locations. The court also addressed the appointment of a case guardian for the wife and the continuation of the property adjustment proceedings.

Justice Cronin ordered that the children live with the husband and that he have sole responsibility for them, authorising him to obtain Australian passports for the children without the wife's consent. The wife's time with the children was significantly restricted and made conditional upon supervision, advance payment for the supervisor, and strict prohibitions against alcohol and drug consumption, as well as denigration of the husband. The wife was also restrained from entering within 100 metres of the children's school or approaching them elsewhere, except as permitted by the orders. The Independent Children's Lawyer was discharged, and Ms W was appointed as a case guardian for the wife. The property adjustment hearing was adjourned to a final hearing on 17 June 2009, with the court noting the parties' intention to convene a conference to explore resolution.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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Most Recent Citation
Nash and Nash [2009] FMCAfam 766

Cases Citing This Decision

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Nash and Nash [2009] FMCAfam 766
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