LINDBERG & HILLMAN

Case

[2014] FamCA 853

26 September 2014


Details
AGLC Case Decision Date
LINDBERG & HILLMAN [2014] FamCA 853 [2014] FamCA 853 26 September 2014

CaseChat Overview and Summary

In the matter of *Lindberg & Hillman*, Dawe J of the Family Court of Australia considered interim parenting orders and related procedural matters concerning the children D and B. The dispute involved the parents' arrangements for the children, with the court making significant orders regarding their living arrangements and parental responsibility.

The court was required to determine the interim parenting arrangements for the children, including who would have sole parental responsibility and where the children would live. Additionally, the court addressed the need for independent representation for the children, the potential intervention of government departments concerning child protection and welfare, and the father's ability to amend his response to the initiating application. The court also considered the appointment of an Independent Children’s Lawyer and the provision of relevant reports to assist in determining the children's best interests.

Dawe J ordered that the previous parenting orders made in November 2013 be suspended. The mother was granted sole parental responsibility, and the children were to live with her, spending no time with the father except as agreed in writing. The mother was permitted to enrol child D at a specific school. The father was granted leave to amend his response to the initiating application within 28 days. Crucially, the court ordered that the children be independently represented pursuant to s 68L of the *Family Law Act 1975* (Cth), with arrangements to be made by the Legal Services Commission of South Australia, and requested the re-appointment of Ms Rebecca Reed if available. The court also granted the Independent Children’s Lawyer leave to issue subpoenas to various government departments and educational institutions. Furthermore, the court requested the Minister for the Department for Education and Child Development - Families SA to intervene in the proceedings or provide a representative to explain their position, and requested a report from Families SA concerning child protection and welfare issues. These orders were to be accompanied by a Fact Sheet detailing obligations and consequences of contravention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Statutory Construction

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