Love and Shillington (No. 3)

Case

[2007] FamCA 565

29 May 2007


Details
AGLC Case Decision Date
Love and Shillington (No. 3) [2007] FamCA 565 [2007] FamCA 565 29 May 2007

CaseChat Overview and Summary

In *Love and Shillington (No. 3)*, Jordan J of the Family Court of Australia made orders concerning the interim living arrangements and final hearing of a child. The dispute involved the parents' arrangements for their daughter, born in September 2000, and the father's partner.

The court was required to determine the interim living arrangements for the child, the father's time with the child, and the procedural steps leading up to the final hearing. This included setting new trial dates and establishing a strict timetable for the filing and service of evidence by the parties, including the father's partner and the maternal grandmother. The court also directed the Department of Child Safety to provide its file concerning another child, Baby B, for inspection by the Independent Children's Lawyer.

Jordan J ordered that until 11 September 2007, or further order, the child would live with the mother and be under her day-to-day care. The father was to spend time with the child as agreed between the parties in consultation with the Independent Children's Lawyer. The final hearing was rescheduled to commence on 20 August 2007, with potential further days on 10 and 11 September 2007. The court also issued detailed directions regarding the exchange of affidavits and other materials, and mandated attendance at interviews for an updated report by Ms W, involving the child, parents, father's partner, and maternal grandmother. These orders were accompanied by a Fact Sheet detailing obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Procedural Fairness

  • Costs

  • Injunction

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