Nowell and Trueman
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Costs
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Appeal
Actions
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Citations
Nowell and Trueman [2018] FCCA 1921
Cases Citing This Decision
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