MENSER & TATLOW

Case

[2020] FCCA 2879

23 October 2020


Details
AGLC Case Decision Date
Menser and Tatlow [2020] FCCA 2879 [2020] FCCA 2879 23 October 2020

CaseChat Overview and Summary

In proceedings before Judge McGuire in the Federal Circuit Court, the dispute concerned interim parenting orders for two children, X and Y. The court was required to determine the immediate care arrangements for the children and to make directions regarding their representation and the resolution of the parenting dispute.

The court was asked to determine the appropriate interim parenting orders, including the children's residence, and to consider the need for independent representation for the children. Further issues included the facilitation of communication between the parties, the children, and any professionals involved in their care, as well as the process for resolving the underlying dispute.

Judge McGuire ordered that the final parenting orders of 15 December 2015 remain in effect, with the children to be returned forthwith to the care of their mother. The court also ordered that the children be independently represented by an Independent Children's Lawyer (ICL), requesting the Legal Aid Commission of Tasmania expedite this appointment. Directions were given for the ICL to file a notice of address for service, for parties to provide documents to the ICL, and for the ICL to inspect and copy documents produced to the court, with specific exceptions. The parents and children were ordered to attend a Child Inclusive Conference, and the parents were directed to cooperate with the ICL and to permit reasonable meetings with the children. Specific orders were made regarding the engagement of counsellors for child X, and both parents were to be provided with information from any medical practitioner or counsellor engaged for the children. The matter was listed for mention and directions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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SS & AH [2010] FamCAFC 13