PAUL & CLOUGH

Case

[2014] FCCA 3026

17 December 2014


Details
AGLC Case Decision Date
Paul and Clough [2014] FCCA 3026 [2014] FCCA 3026 17 December 2014

CaseChat Overview and Summary

This matter concerned interim parenting orders for an eight-month-old child in circumstances of high conflict, where each parent had made serious allegations against the other. The court also noted concerns regarding the role of the Independent Children’s Lawyer.

The court was required to determine the interim living and contact arrangements for the child, considering the significant allegations and the need for risk assessment and supervision. The court also had to consider the appropriate framework for the child's time with each parent, including the necessity and extent of supervised contact.

Judge Altobelli ordered that the child live with the Mother and that the Father have supervised time with the child. This supervised time was to commence with limited, four-hour weekend contact for four weekends, then progress to longer, five-hour weekend contact for eight weekends, and thereafter continue with five-hour weekend and Wednesday contact. The supervision was to be provided by Axia Solutions, with costs shared equally. The court also made orders restraining denigration of the other parent, requiring notification of medical treatment and address changes, and prohibiting religious or similar cultural events without consent. The proceedings were transferred to the Family Court of Australia for further directions, with a recommendation that the interim orders be reconsidered upon the release of an expert's report.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346