LUCAS & CARLSON
Case
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[2012] FamCA 125
•8 March 2012
Details
AGLC
Case
Decision Date
LUCAS & CARLSON [2012] FamCA 125
[2012] FamCA 125
8 March 2012
CaseChat Overview and Summary
This matter concerned amendments to existing court orders concerning contact arrangements for a child named M. The proceedings were before Watts J.
The court was required to determine the specific terms of amended contact orders, including the frequency and duration of contact, the supervision of contact, and the nature of contact with specific individuals. Further issues included the discharge of an existing order and its replacement with provisions for telephone contact, as well as the process for delivering the child for contact. The court also considered the provision of materials to an expert, the relisting of the matter, the preparation of a trial plan, and the inclusion of particulars regarding obligations and consequences of contravention of the orders.
Watts J amended the existing orders to specify contact on the fourth Saturday and Sunday of each month, from 8 am to 6 pm, to be supervised by Ms C. The court also removed prohibitions on contact with half-siblings and Mr T. An order for telephone contact was made, stipulating specific times on Mondays, Wednesdays, Fridays, and Sundays, with an exception for the Sunday when M spent time with his father. The mother was ordered to deliver M to Ms C's residence for contact, and Ms C, accompanied by the father if he chose, would return M to the mother's residence. Leave was granted to the Independent Children's Lawyer to provide case materials to Dr E and to photocopy subpoenaed documents for Dr E. The court also directed the Independent Children's Lawyer to liaise with the parties' lawyers to discuss further evidence required for a final hearing and to prepare a draft trial plan. Finally, the court ordered that particulars of obligations, consequences of contravention, and assistance for compliance be set out in an attached Fact Sheet, which was to be included in the orders pursuant to s.65DA(2) and s.62B.
The court was required to determine the specific terms of amended contact orders, including the frequency and duration of contact, the supervision of contact, and the nature of contact with specific individuals. Further issues included the discharge of an existing order and its replacement with provisions for telephone contact, as well as the process for delivering the child for contact. The court also considered the provision of materials to an expert, the relisting of the matter, the preparation of a trial plan, and the inclusion of particulars regarding obligations and consequences of contravention of the orders.
Watts J amended the existing orders to specify contact on the fourth Saturday and Sunday of each month, from 8 am to 6 pm, to be supervised by Ms C. The court also removed prohibitions on contact with half-siblings and Mr T. An order for telephone contact was made, stipulating specific times on Mondays, Wednesdays, Fridays, and Sundays, with an exception for the Sunday when M spent time with his father. The mother was ordered to deliver M to Ms C's residence for contact, and Ms C, accompanied by the father if he chose, would return M to the mother's residence. Leave was granted to the Independent Children's Lawyer to provide case materials to Dr E and to photocopy subpoenaed documents for Dr E. The court also directed the Independent Children's Lawyer to liaise with the parties' lawyers to discuss further evidence required for a final hearing and to prepare a draft trial plan. Finally, the court ordered that particulars of obligations, consequences of contravention, and assistance for compliance be set out in an attached Fact Sheet, which was to be included in the orders pursuant to s.65DA(2) and s.62B.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
LUCAS & CARLSON [2012] FamCA 125
Cases Citing This Decision
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Statutory Material Cited
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