LUDLOW & NETTLE

Case

[2018] FCCA 4002

24 December 2018


Details
AGLC Case Decision Date
Ludlow and Nettle [2018] FCCA 4002 [2018] FCCA 4002 24 December 2018

CaseChat Overview and Summary

In *Ludlow & Nettle*, heard by Judge Newbrun, the dispute concerned interim parenting orders for the children. The mother had applied for a recovery order, which was ultimately dismissed.

The court was required to determine the best interests of the children in circumstances where family violence was alleged. This involved assessing the appropriate living arrangements and time spent with each parent on an interim basis.

Judge Newbrun reasoned that the evidence did not support the mother's application for a recovery order. Applying the paramount consideration of the children's best interests, the court ordered that the children live with the father pending further order. The children were to spend time with the mother in accordance with the parties' agreement. The proceedings were adjourned for mention, with the Independent Children's Lawyer requested to attend.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

SS & AH [2010] FamCAFC 13
Banks & Banks [2015] FamCAFC 36