Marsden & Marsden
Case
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[2015] FamCA 387
•22 May 2015
Details
AGLC
Case
Decision Date
Marsden & Marsden [2015] FamCA 387
[2015] FamCA 387
22 May 2015
CaseChat Overview and Summary
In the matter of *Marsden & Marsden*, heard by Le Poer Trench J, the dispute concerned parenting arrangements for the children. The court was required to determine the appropriate interim orders pending a final resolution of the parenting dispute.
The central legal issues before the court were the need to expedite the parenting dispute, the immediate commencement of therapy for the children as recommended by a Family Consultant, the continuation of existing orders, the suspension of other parenting orders, and the preparation of a Family Report to address specific matters. The court also considered the role of the Independent Children's Lawyer in preparing the scope of the Family Report and managing any disagreements between the parents on its content.
Le Poer Trench J ordered that the hearing of the parenting dispute be expedited. The Independent Children's Lawyer was directed to nominate a therapist for the children to commence therapy immediately, with both parents required to ensure the children's participation. Existing orders made by Senior Registrar Campbell on 12 November 2014 were to continue, while all other parenting orders were suspended pending further order. A Family Report was to be prepared by a Family Consultant, addressing matters to be determined by the judge in chambers. The Independent Children's Lawyer was also tasked with preparing a list of suggested matters for the report, seeking parental approval, and identifying any contested matters for the court's determination. Liberty was granted to all parties and the Independent Children's Lawyer to restore the matter on short notice.
The central legal issues before the court were the need to expedite the parenting dispute, the immediate commencement of therapy for the children as recommended by a Family Consultant, the continuation of existing orders, the suspension of other parenting orders, and the preparation of a Family Report to address specific matters. The court also considered the role of the Independent Children's Lawyer in preparing the scope of the Family Report and managing any disagreements between the parents on its content.
Le Poer Trench J ordered that the hearing of the parenting dispute be expedited. The Independent Children's Lawyer was directed to nominate a therapist for the children to commence therapy immediately, with both parents required to ensure the children's participation. Existing orders made by Senior Registrar Campbell on 12 November 2014 were to continue, while all other parenting orders were suspended pending further order. A Family Report was to be prepared by a Family Consultant, addressing matters to be determined by the judge in chambers. The Independent Children's Lawyer was also tasked with preparing a list of suggested matters for the report, seeking parental approval, and identifying any contested matters for the court's determination. Liberty was granted to all parties and the Independent Children's Lawyer to restore the matter on short notice.
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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Jurisdiction
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Procedural Fairness
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Remedies
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Costs
Actions
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Citations
Marsden & Marsden [2015] FamCA 387
Most Recent Citation
Marsden and Marsden [2016] FamCA 220
Cases Citing This Decision
3
MARSDEN & MARSDEN
[2018] FamCA 157
Marsden and Marsden
[2016] FamCA 220
Marsden & Marsden (No 2)
[2015] FamCA 855
Cases Cited
0
Statutory Material Cited
0