O’SHEA & O’SHEA

Case

[2019] FCCA 3059

2 October 2019


Details
AGLC Case Decision Date
O’Shea and O’Shea [2019] FCCA 3059 [2019] FCCA 3059 2 October 2019

CaseChat Overview and Summary

In the matter of O’Shea & O’Shea, Judge M Neville considered an interim parenting dispute between the parties concerning the children's place of residence and schooling. The father had made an application regarding the children's residence in Suburb B and their attendance at B Public School.

The court was required to determine the children's interim place of residence and schooling, and the terms of the father's time with the children pending a mental health diagnosis. The court also had to consider the appointment of an Independent Children's Lawyer and the provision of documents to the Legal Aid Commission.

By consent, the court made orders reflecting a Minute of Consent Orders, which included provisions for the children to attend A Public School in Suburb C. The father's application concerning residence in Suburb B and attendance at B Public School was dismissed. Pending his mental health diagnosis, the father was ordered to spend time with the children under supervision agreed by the parties, at times agreed by the parties, and at his own cost. The court also ordered the appointment of an Independent Children's Lawyer for the children, subject to the father's objection, and requested the Legal Aid Commission of NSW to provide representation. The parties were directed to provide all filed documents and existing orders to the Legal Aid Commission.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Standing

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Salah & Salah [2016] FamCAFC 100
Eaby & Speelman [2015] FamCAFC 104