Nowell and Trueman

Case

[2018] FCCA 1921

19 June 2018


Details
AGLC Case Decision Date
Nowell and Trueman [2018] FCCA 1921 [2018] FCCA 1921 19 June 2018

CaseChat Overview and Summary

In *Nowell and Trueman*, heard by Judge Small, the proceedings concerned parenting orders for two children, [X] and [Y]. The dispute centred on the living arrangements for the children and the time they would spend with each parent, as well as various ancillary orders designed to promote the children's welfare and facilitate co-parenting.

The court was required to determine the specific orders regarding the children's residence and the schedule of time they would spend with each parent. Additionally, the court needed to address issues of parental communication, the protection of the children from parental conflict, and the father's alcohol consumption prior to and during his time with the children. The court also considered the need for separate representation for the children, the preparation of a family report, and psychological assessments of the parties.

Judge Small made orders that the children live with the Mother and established a phased schedule for the children to spend time with the Father, gradually increasing the duration and frequency of contact. The court also issued injunctions restraining both parents from denigrating the other parent to or in the presence of the children, and from discussing the proceedings with them. The Father was also restrained from excessive alcohol consumption prior to and during his time with the children. The court ordered separate representation for the children, the preparation of a psychological assessment report for the parties, and a family report to be prepared by a Family Consultant, outlining specific matters to be addressed in accordance with the *Family Law Act 1975* (Cth). The matter was adjourned for further directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

  • Appeal

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Tait & Densmore [2007] FamCA 1383