Parker and Burwood
Case
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[2008] FamCA 1214
•9 December 2008
Details
AGLC
Case
Decision Date
Parker and Burwood [2008] FamCA 1214
[2008] FamCA 1214
9 December 2008
CaseChat Overview and Summary
This matter concerned an application to vary existing court orders concerning the time the children C and L would spend with their father, and related matters. The application was heard by Loughnan JR.
The court was required to determine the specific arrangements for the children's time with their father during the upcoming Christmas period, including the precise dates and times of collection and return. Further issues included the mother's conduct in relation to the children's schooling and her interactions with them concerning their father and court proceedings. The court also considered the appointment of an Independent Children's Lawyer and the provision of legal representation for the children.
Loughnan JR varied the existing orders to provide that the children would spend time with their father from the conclusion of school on 12 December 2008 until 8:00 pm on 26 December 2008. The mother was ordered to ensure the children attended school on 12 December 2008 and was restrained from removing them prior to the conclusion of school on that day, or attending at school after delivering them. The father was authorised to collect the children from school. The court also made orders restraining the mother from recording the children's words about their father or discussing court proceedings with them, except to inform them of scheduled time with their father. An Independent Children's Lawyer was appointed, and the Legal Aid Commission of New South Wales was requested to arrange representation for the children. The court further authorised law enforcement officers to recover the children and deliver them to the father if necessary, with the operation of this order stayed until 3:30 pm on 12 December 2008. Costs were reserved.
The court was required to determine the specific arrangements for the children's time with their father during the upcoming Christmas period, including the precise dates and times of collection and return. Further issues included the mother's conduct in relation to the children's schooling and her interactions with them concerning their father and court proceedings. The court also considered the appointment of an Independent Children's Lawyer and the provision of legal representation for the children.
Loughnan JR varied the existing orders to provide that the children would spend time with their father from the conclusion of school on 12 December 2008 until 8:00 pm on 26 December 2008. The mother was ordered to ensure the children attended school on 12 December 2008 and was restrained from removing them prior to the conclusion of school on that day, or attending at school after delivering them. The father was authorised to collect the children from school. The court also made orders restraining the mother from recording the children's words about their father or discussing court proceedings with them, except to inform them of scheduled time with their father. An Independent Children's Lawyer was appointed, and the Legal Aid Commission of New South Wales was requested to arrange representation for the children. The court further authorised law enforcement officers to recover the children and deliver them to the father if necessary, with the operation of this order stayed until 3:30 pm on 12 December 2008. Costs were reserved.
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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Stay of Proceedings
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Costs
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Remedies
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Procedural Fairness
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Citations
Parker and Burwood [2008] FamCA 1214
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