Marcus and Ortelius

Case

[2013] FCCA 2086

9 December 2013


Details
AGLC Case Decision Date
Marcus and Ortelius [2013] FCCA 2086 [2013] FCCA 2086 9 December 2013

CaseChat Overview and Summary

In the matter of *Marcus and Ortelius*, heard by Judge Brown, the dispute concerned parenting arrangements for two children, [X] and [Y]. The court was required to make orders regarding the children's living arrangements, the father's time with the children, and to address the parties' conduct in the presence of the children.

The primary legal issues before the court were the best interests of the children, specifically concerning their living arrangements and the father's contact. The court also considered the need for an Independent Children’s Lawyer to represent the children's interests and the appropriateness of injunctive orders to protect the children from parental conflict and discussion of proceedings.

Judge Brown ordered the appointment of an Independent Children’s Lawyer to represent the interests of [X] and [Y], directing the parties' solicitors to forward relevant documents to the Legal Services Commission of South Australia. The court further ordered that the children live with the mother and detailed specific arrangements for the father's time with the children, including weekday and weekend contact, and special occasions. Injunctions were granted restraining both parties from abusing or denigrating the other in the children's presence, discussing proceedings in front of the children, and specifically restraining the father from attending at the mother's home or the children's school. The matter was adjourned for further consideration and listed for a final hearing.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Russell & Russell & Anor [2009] FamCA 28