Lerner and Little

Case

[2018] FamCA 764

25 September 2018


Details
AGLC Case Decision Date
Lerner and Little [2018] FamCA 764 [2018] FamCA 764 25 September 2018

CaseChat Overview and Summary

This matter concerned an application before Justice Forrest concerning the interests of children X and Y. The dispute involved allegations of abuse and the general circumstances affecting the children, with an application having been made by the father for specific court documents.

The court was required to determine whether to discharge certain orders previously made by the Senior Registrar, to ensure the independent representation of the children's interests, and to establish interim arrangements for the children's time with their mother. Further issues included the provision of documents to the Independent Children's Lawyer, the preparation of a family report, and the furnishing of a report by the Director-General of the Department of Child Safety, Youth and Women concerning the allegations of abuse and the children's circumstances. The court also needed to consider the adjournment of the father's application for documents from other courts.

Justice Forrest ordered the discharge of specific paragraphs from the Senior Registrar's previous orders. The court directed that the interests of the children be independently represented by a lawyer, requesting Legal Aid Queensland to make urgent arrangements for this. The Independent Children's Lawyer, upon appointment, was to file a Notice of Address for Service and then have leave to inspect and copy any material subpoenaed by the parties and released by the Court. Each party was ordered to provide copies of all relevant documents relied upon to the Independent Children's Lawyer within 48 hours of notification of their appointment. Interim supervised time with the mother was ordered for two hours on one day of each weekend, or two hours on one day of each second weekend, at a specified contact centre, with both parents directed to make contact with the centre for intake interviews. The Independent Children's Lawyer was also directed to liaise with the parties' legal representatives to arrange for a family report writer to prepare a family report. The matter was designated Magellan, and the Director-General of the Department of Child Safety, Youth and Women was requested to prepare a Magellan Report concerning the abuse allegations and the children's general circumstances within 35 days. The matter was adjourned for further mention before Justice Forrest on 11 December 2018, with the father's application for documents from the District Court and Magistrates Court adjourned for hearing before the Senior Registrar on 1 November 2018.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Remedies

  • Appeal

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