Martin and Arnold (No. 2)

Case

[2008] FamCA 573

30 May 2008


Details
AGLC Case Decision Date
Martin and Arnold (No. 2) [2008] FamCA 573 [2008] FamCA 573 30 May 2008

CaseChat Overview and Summary

In *Martin and Arnold (No. 2)*, Strickland J of the Family Court of Australia considered a dispute concerning the welfare and location of children. The proceedings involved applications by the father and mother regarding the children's living arrangements and contact with each parent.

The court was required to determine, among other matters, the appropriate orders for the delivery of the children to the mother, the commencement date for the children's time with the father, and the dismissal of outstanding applications. A key issue was how to best address the children's best interests in light of the existing orders and the parties' applications.

Strickland J made orders for the children V and S to be delivered to the mother at Adelaide Airport on a specified date. Furthermore, the court varied a previous order to stipulate that the children's time with the father would only commence after the conclusion of the July 2008 New South Wales school holidays. All applications before the court were dismissed. The court also directed that a Fact Sheet be attached to the orders, detailing the obligations created and the consequences of contravention, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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