Paige and Painton
Case
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[2013] FCCA 2029
•26 November 2013
Details
AGLC
Case
Decision Date
Paige and Painton [2013] FCCA 2029
[2013] FCCA 2029
26 November 2013
CaseChat Overview and Summary
In the matter of Paige and Painton, heard before Judge Altobelli, the dispute concerned parenting orders for two children, X and Y. The specific nature of the dispute leading to the orders is not detailed, but the court's final orders indicate a significant alteration to the children's living arrangements and contact with their father.
The court was required to determine the future living arrangements for the children, the extent of their contact with each parent, and the need for intervention by the Director General of the Department of Family and Community Services. Additionally, the court considered orders restraining the parents from certain behaviours towards each other in the presence of the children and the appointment of an expert.
Judge Altobelli ordered the suspension of all previous parenting orders. The children were to live with the Mother and have no time or communication with the Father. Both parties were restrained from abusing, insulting, belittling, rebuking, or criticising each other in the presence of the children, and from discussing the proceedings with them. The Director General of the Department of Family and Community Services was requested to intervene in the proceedings, with the court to notify the Director General within 48 hours. The solicitors for both parties were directed to forward filed documents to the Director General's solicitor, and the Registry Manager was to permit inspection of the court file upon request. Leave was granted to the Independent Children’s Lawyer to file a minute of order regarding the appointment of an expert. The matter was adjourned for further hearing and mention.
The court was required to determine the future living arrangements for the children, the extent of their contact with each parent, and the need for intervention by the Director General of the Department of Family and Community Services. Additionally, the court considered orders restraining the parents from certain behaviours towards each other in the presence of the children and the appointment of an expert.
Judge Altobelli ordered the suspension of all previous parenting orders. The children were to live with the Mother and have no time or communication with the Father. Both parties were restrained from abusing, insulting, belittling, rebuking, or criticising each other in the presence of the children, and from discussing the proceedings with them. The Director General of the Department of Family and Community Services was requested to intervene in the proceedings, with the court to notify the Director General within 48 hours. The solicitors for both parties were directed to forward filed documents to the Director General's solicitor, and the Registry Manager was to permit inspection of the court file upon request. Leave was granted to the Independent Children’s Lawyer to file a minute of order regarding the appointment of an expert. The matter was adjourned for further hearing and mention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
Paige and Painton [2013] FCCA 2029
Most Recent Citation
PAIGE & PAINTON [2015] FCCA 216