Leighton and Carey

Case

[2008] FamCA 868

16 October 2008


Details
AGLC Case Decision Date
Leighton and Carey [2008] FamCA 868 [2008] FamCA 868 16 October 2008

CaseChat Overview and Summary

This matter came before Jordan J concerning parenting orders. The applicant and respondent, identified as the Father and Mother respectively, were involved in a dispute regarding their child.

The court was required to determine the terms of interim parenting arrangements, including the nature and supervision of the child's time with the Father. Further issues included the role of a Family Consultant in explaining the proceedings to the child and in supervising parental compliance with the orders, as well as the reporting obligations of the Family Consultant to the court. The court also considered the need to prevent discussion of the proceedings with the child and to inform the parties of their obligations and the consequences of contravention.

Jordan J ordered an adjournment for further hearing, granting the parties leave to appear by telephone. The court made interim orders for supervised time between the Father and the child, to be agreed upon by the parties and the Independent Children’s Lawyer. A Family Consultant was directed to attend upon the child to explain her circumstances and to provide assistance to the parents in complying with the orders, with a report to be furnished to the court. The court also ordered that the parents and any third parties refrain from discussing the proceedings with the child and directed that the particulars of the orders, obligations, consequences of contravention, and sources of assistance be set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Costs

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34