LINTON & WARNE

Case

[2016] FamCA 109

9 February 2016


Details
AGLC Case Decision Date
LINTON & WARNE [2016] FamCA 109 [2016] FamCA 109 9 February 2016

CaseChat Overview and Summary

This matter concerned an application before Johnston J in the Family Court of Australia, brought by the mother against the father. The dispute revolved around the interim living arrangements for the parties' three children and the disclosure of a psychologist's report.

The court was required to determine the interim care arrangements for the children, the conditions under which a psychologist's report could be disclosed, and the procedural steps leading up to a future hearing. Specifically, the court had to consider the terms of interim orders concerning the children's residence, time with each parent, and restrictions on parental conduct and contact with third parties.

Johnston J made several interim orders, discharging all existing orders regarding the children's living arrangements and time with each parent. The children were to live with the mother until 3 March 2016, subject to her undertaking to abstain from alcohol and illegal drugs, continue counselling and attend AA meetings, and a restraint from bringing the children into contact with a Mr G. The father was to have supervised time with the children once a week, with costs shared. The psychologist's report was not to be in the possession of either party, but their solicitors were permitted to hold a copy. The court also scheduled a hearing for the mother's application and set timelines for the filing of affidavits. The matter was to proceed to a Less Adversarial Trial.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Expert Evidence

  • Injunction

  • Remedies

  • Discovery

  • Costs

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