McDruitt and Van
Case
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[2009] FamCA 788
•17 July 2009
Details
AGLC
Case
Decision Date
McDruitt and Van [2009] FamCA 788
[2009] FamCA 788
17 July 2009
CaseChat Overview and Summary
In the matter of *McDruit and Van*, heard before Murphy J of the Family Court of Australia, the parties sought orders by consent concerning parenting arrangements for a child. The dispute centred on the terms of supervised contact between the father and the child, and the conditions under which this contact would occur.
The court was required to determine the specific terms of the consent orders, including the continuation of supervised contact at a designated centre, the allowance for additional supervised time away from the centre, and the duration and location of such extended contact. The court also needed to ensure that the orders clearly articulated the obligations of the parties and the potential consequences of contravention, as well as facilitate the preparation of a psychiatrist's report concerning the parties.
Murphy J made orders by consent, reflecting the agreement of the parties. These orders stipulated that the father's supervised time with the child at the [G] Contact Centre would continue. Furthermore, the father was permitted additional supervised time away from the centre, for up to four hours, with a supervisor agreed upon by the parties. A condition was imposed that the initial and final 30 minutes of this extended supervised time must take place at the Contact Centre. The court also ordered that particulars of the obligations, consequences of contravention, and sources of assistance be set out in an attached Fact Sheet, and that the Minutes of Consent be retained on the court file. The matter was adjourned for directions and listing for final hearing, with a direction for the hearing to be conducted by telephone.
The court was required to determine the specific terms of the consent orders, including the continuation of supervised contact at a designated centre, the allowance for additional supervised time away from the centre, and the duration and location of such extended contact. The court also needed to ensure that the orders clearly articulated the obligations of the parties and the potential consequences of contravention, as well as facilitate the preparation of a psychiatrist's report concerning the parties.
Murphy J made orders by consent, reflecting the agreement of the parties. These orders stipulated that the father's supervised time with the child at the [G] Contact Centre would continue. Furthermore, the father was permitted additional supervised time away from the centre, for up to four hours, with a supervisor agreed upon by the parties. A condition was imposed that the initial and final 30 minutes of this extended supervised time must take place at the Contact Centre. The court also ordered that particulars of the obligations, consequences of contravention, and sources of assistance be set out in an attached Fact Sheet, and that the Minutes of Consent be retained on the court file. The matter was adjourned for directions and listing for final hearing, with a direction for the hearing to be conducted by telephone.
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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Consent
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Procedural Fairness
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Remedies
Actions
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Citations
McDruitt and Van [2009] FamCA 788
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