Newton & Whiteman

Case

[2013] FCCA 754

31 May 2013


Details
AGLC Case Decision Date
NEWTON & WHITEMAN [2013] FCCA 754 [2013] FCCA 754 31 May 2013

CaseChat Overview and Summary

In the matter of Newton & Whiteman, heard before Judge Neville, the dispute concerned parenting arrangements for a child. The court was required to determine the best interests of the child in relation to their residence, contact with parents and grandmother, and the need for independent legal representation and family counselling.

The court considered the appointment of an Independent Children’s Lawyer (ICL) pursuant to section 68L of the *Family Law Act 1975* and requested the Legal Aid Office, ACT, to arrange for the child's representation. Furthermore, the court ordered the parties and the child to attend upon a family consultant for the preparation of a Family Report, addressing issues under section 60CC of the Act, as per section 62G(2) of the Act.

The court ordered that existing orders from 28 August 2012 would continue until the end of the current school term, with the child's time with the Father recommencing on 1 and 2 June 2013. At the end of the school term, the child was to reside with her Father and step-siblings, spending one weekend per month and half of school holidays with her Grandmother, with specific arrangements for changeovers. Both parties were restrained from discussing court proceedings or speaking negatively about the other parent in the child's presence. The Grandmother was also restrained from taking the child to health professionals, except in emergencies. The matter was adjourned pending the allocation of a family consultant.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

3

Birkett and Birkett and Anor [2017] FCCA 2503
Newton and Whiteman (No.2) [2014] FCCA 180
Cases Cited

3

Statutory Material Cited

2

Godfrey & Sanders [2007] FamCA 102
AMS v AIF [1999] HCA 26