Palmer and Kerr

Case

[2016] FCCA 657

31 March 2016


Details
AGLC Case Decision Date
Palmer and Kerr [2016] FCCA 657 [2016] FCCA 657 31 March 2016

CaseChat Overview and Summary

In the matter of *Palmer and Kerr*, heard by Judge Scarlett, the dispute concerned interim orders relating to the welfare of two children, X and Y. The applicant father and respondent mother sought various orders concerning the children's time with each parent, communication between the parents, and the children's involvement in counselling and reporting.

The court was required to determine a range of issues including the commencement and nature of the children's time with the father, both supervised and unsupervised, and the conditions precedent to such time. Further issues included the requirement for the mother to attend a parenting course, the arrangements for telephone and online contact between the father and children, and the obligations of both parents regarding communication about the children's health and welfare. The court also considered orders restraining derogatory remarks about each other in the children's presence, the exchange of contact details, and the mandatory participation in family dispute resolution for significant long-term issues. Finally, the court addressed the removal of the children from the Family Law Watch List and the preparation of a Family Report.

The court made orders for the parties and children to attend fortnightly family counselling, with a preliminary report to be provided after six sessions. Following this, supervised time with the father was to commence, progressing to unsupervised day visits after a three-month period. The mother was ordered to complete a 'Parenting after Separation' course. Specific provisions were made for telephone and Skype contact between the father and children, and for the parents to inform each other of any medical issues or hospital admissions concerning the children. The court also mandated polite communication between the parents, restrained derogatory remarks, and required the exchange of contact details. Provisions were made for family dispute resolution for unresolved long-term issues. The children were to be removed from the Family Law Watch List, and a Family Report was to be prepared. All other interim orders sought in the response were dismissed, and the application was transferred to another judge's docket.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Goode & Goode [2006] FamCA 1346
SANDFORD & COBB [2016] FamCA 11