Ogilvie & Farnam
Case
•
[2021] FCCA 811
•17 March 2021
Details
AGLC
Case
Decision Date
Ogilvie & Farnam [2021] FCCA 811
[2021] FCCA 811
17 March 2021
CaseChat Overview and Summary
In the matter of *Ogilvie & Farnam*, heard before Brown J, the applicant father and respondent mother presented competing applications for parenting orders concerning their children, X and Y, both born in 2008. The dispute centred on the living arrangements and communication rights for the children.
The court was required to determine the interim living arrangements for the children, the terms of communication between the mother and the children, and the process for a family assessment to inform further parenting orders. The court also needed to make directions regarding the timeline for this assessment and the future conduct of the proceedings.
Brown J ordered that, within seven days, the mother was to deliver the children to the father in Sydney. Until further order, the children were to live with the father in Adelaide. The mother was granted telephone communication with the children as agreed between the parties. Crucially, both parties were ordered to cooperate with a family assessment, to be carried out by an agreed assessor within 14 days, with costs to be borne equally. The matter was adjourned for further directions, with specific dial-in instructions provided. The court also noted the prohibition on publishing identifying details of family law proceedings under section 121 of the *Family Law Act 1975* (Cth).
The court was required to determine the interim living arrangements for the children, the terms of communication between the mother and the children, and the process for a family assessment to inform further parenting orders. The court also needed to make directions regarding the timeline for this assessment and the future conduct of the proceedings.
Brown J ordered that, within seven days, the mother was to deliver the children to the father in Sydney. Until further order, the children were to live with the father in Adelaide. The mother was granted telephone communication with the children as agreed between the parties. Crucially, both parties were ordered to cooperate with a family assessment, to be carried out by an agreed assessor within 14 days, with costs to be borne equally. The matter was adjourned for further directions, with specific dial-in instructions provided. The court also noted the prohibition on publishing identifying details of family law proceedings under section 121 of the *Family Law Act 1975* (Cth).
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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Costs
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Remedies
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Procedural Fairness
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Jurisdiction
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Citations
Ogilvie & Farnam [2021] FCCA 811
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
0
AMS v AIF
[1999] HCA 26
C v S
[1998] FamCA 66
Goode and Goode
[2009] FMCAfam 1405