McDermott and Bond

Case

[2009] FamCA 1161

20 November 2009


Details
AGLC Case Decision Date
McDermott and Bond [2009] FamCA 1161 [2009] FamCA 1161 20 November 2009

CaseChat Overview and Summary

In the matter of *McDermott and Bond*, Justice Austin of the Family Court of Australia considered applications for interim parenting orders concerning the child M. The dispute involved the father and mother of the child, with the Independent Children’s Lawyer also participating in the proceedings.

The court was required to determine the interim living arrangements for the child, the terms of the child's time with each parent, and the extent of communication between the child and the mother. Additionally, the court considered applications regarding the child's schooling, involvement in counselling or therapy, and the release of expert and subpoenaed documents. The court also addressed requests for the Director General of the Department of Human Services to intervene in the proceedings.

Justice Austin reasoned that the child, M, should live with the father. The court ordered that the child spend supervised time with the mother, with the supervisor to be approved by the Independent Children’s Lawyer. Communication between the child and mother was also to occur on specific days and times. The court suspended all former parenting orders and restrained the parties from permitting the child to engage in further counselling or therapy. Leave was granted for the Independent Children’s Lawyer to provide an expert report to relevant government departments and to issue further subpoenas. The court declined to order the intervention of the Director General of the Department of Human Services but noted the Department's liberty to seek leave to intervene.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Procedural Fairness

  • Standing

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