Pedrana and Cox (No. 2)

Case

[2012] FamCA 756

5 September 2012


Details
AGLC Case Decision Date
PEDRANA & COX (NO. 2) [2012] FamCA 756 [2012] FamCA 756 5 September 2012

CaseChat Overview and Summary

In *Pedrana and Cox (No. 2)*, Bell J of the Family Court of Australia considered an application by the Mother for a stay of orders made on 30 August 2012, pending the determination of an appeal. The Mother also sought an extension of time for the execution of a separate order made on 3 September 2012.

The primary legal issue before the Court was whether the Mother had established sufficient grounds to warrant a stay of the earlier orders. A secondary issue concerned the appropriate timeframe for the execution of the 3 September 2012 order, particularly in light of the need for the Independent Children’s Lawyer to explain the 30 August 2012 orders to the child, C.

Bell J dismissed the Mother's application for a stay of the 30 August 2012 orders. The Court also ordered that the execution of the 3 September 2012 order be extended until 12 noon on 6 September 2012. This extension was specifically granted to allow the Independent Children’s Lawyer to explain the 30 August 2012 orders to the child, C.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Stay of Proceedings

  • Jurisdiction

  • Costs

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

0

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106