Newton and Whiteman (Limited Issues) (No.3)
Case
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[2016] FCCA 2222
•9 September 2016
Details
AGLC
Case
Decision Date
Newton and Whiteman (Limited Issues) (No.3) [2016] FCCA 2222
[2016] FCCA 2222
9 September 2016
CaseChat Overview and Summary
In the matter of Newton and Whiteman (Limited Issues) (No.3), Judge Neville considered a dispute between a father and a maternal grandmother concerning a child, X. The proceedings involved applications filed by the father, which the court ultimately dismissed.
The court was required to determine the extent of contact X should have with her maternal grandmother, the notification requirements for such contact, and the prohibition of discussing court proceedings with X. Additionally, the court considered the discharge of the Independent Children’s Lawyer and the finalisation of all extant applications.
Judge Neville ordered that X could spend as much time as she wished with her maternal grandmother, with a minimum of two periods annually, the duration and timing of which were to be determined by X. Both the father and the maternal grandmother were to be given at least two weeks' notice of X's chosen times for these visits to facilitate travel arrangements. Crucially, the court ordered that neither the father, the maternal grandmother, nor any other family members were to discuss the court proceedings or the written reasons with X or in her presence. The Independent Children’s Lawyer was discharged, and the father's application was dismissed, with all other extant applications also dismissed, finalising the matter. The court also noted that the maternal grandmother, Ms Whiteman, could attend X's sporting or school functions provided she gave at least seven days' notice.
The court was required to determine the extent of contact X should have with her maternal grandmother, the notification requirements for such contact, and the prohibition of discussing court proceedings with X. Additionally, the court considered the discharge of the Independent Children’s Lawyer and the finalisation of all extant applications.
Judge Neville ordered that X could spend as much time as she wished with her maternal grandmother, with a minimum of two periods annually, the duration and timing of which were to be determined by X. Both the father and the maternal grandmother were to be given at least two weeks' notice of X's chosen times for these visits to facilitate travel arrangements. Crucially, the court ordered that neither the father, the maternal grandmother, nor any other family members were to discuss the court proceedings or the written reasons with X or in her presence. The Independent Children’s Lawyer was discharged, and the father's application was dismissed, with all other extant applications also dismissed, finalising the matter. The court also noted that the maternal grandmother, Ms Whiteman, could attend X's sporting or school functions provided she gave at least seven days' notice.
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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Jurisdiction
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Costs
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Newton & Whiteman
[2013] FCCA 754
Newton and Whiteman (No.2)
[2014] FCCA 180
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[2009] FCAFC 75