Mills and Raymond

Case

[2012] FamCA 825

13 September 2012


Details
AGLC Case Decision Date
MILLS & RAYMOND [2012] FamCA 825 [2012] FamCA 825 13 September 2012

CaseChat Overview and Summary

In the matter of *Mills and Raymond*, Benjamin J considered an application by the mother concerning parental responsibility and time spent with the child, T. The proceedings involved the mother and the father, Mr Raymond, and concerned orders made on 15 January 2010.

The court was required to determine whether to dismiss the mother's application filed on 19 August 2011 and to vary the existing orders regarding shared parental responsibility and the child spending time with the father. The court also needed to consider the particulars of obligations and consequences of contravention of any new orders, as well as the return of subpoenaed documents and exhibits.

By consent of the parties, Benjamin J dismissed the mother's application. The court also, by consent, varied the orders of 15 January 2010 to discharge the order for shared parental responsibility for the child and to discharge orders for the child to spend time with the father. Pursuant to sections 65DA(2) and 62B of the relevant legislation, the particulars of these obligations and the consequences of contravention were set out in an attached Fact Sheet, which was incorporated into the orders. All other outstanding applications were dismissed. Further directions were given for the return of documents and exhibits, for the Independent Children's Lawyer to forward specific documents to Child Protection Authorities, and for the discharge of the Independent Children's Lawyer's appointment 28 days from the date of the order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Costs

  • Procedural Fairness

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