Peters and Peters and Anor
Case
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[2008] FamCA 1166
•19 December 2008
Details
AGLC
Case
Decision Date
Peters and Peters and Anor [2008] FamCA 1166
[2008] FamCA 1166
19 December 2008
CaseChat Overview and Summary
In the matter of *Peters and Peters and Anor*, Dessau J of the Family Court of Australia considered parenting orders concerning two children, C and J. The application was brought by the paternal grandmother, seeking to vary existing parenting orders made by the Federal Magistrates’ Court. The dispute centred on the future care arrangements for the children, with the paternal grandmother seeking sole responsibility.
The court was required to determine whether to discharge previous parenting orders and, if so, what new orders should be made regarding the children's living arrangements, long-term and day-to-day care, and the extent of contact and communication between the children and their parents. The court also had to consider the implications of an interim protection order made by the Melbourne Children's Court.
Dessau J discharged all previous parenting orders concerning the children, effective from 6 January 2009. The court ordered that the children would live with the applicant paternal grandmother, who was granted sole responsibility for their long-term and day-to-day care, welfare, and development. The father's and mother's time spent and communication with the children were reserved, with any future contact to be supervised and agreed upon by the paternal grandmother. The court also noted that an interim protection order from the Melbourne Children's Court would cease to have effect on the same date.
The court was required to determine whether to discharge previous parenting orders and, if so, what new orders should be made regarding the children's living arrangements, long-term and day-to-day care, and the extent of contact and communication between the children and their parents. The court also had to consider the implications of an interim protection order made by the Melbourne Children's Court.
Dessau J discharged all previous parenting orders concerning the children, effective from 6 January 2009. The court ordered that the children would live with the applicant paternal grandmother, who was granted sole responsibility for their long-term and day-to-day care, welfare, and development. The father's and mother's time spent and communication with the children were reserved, with any future contact to be supervised and agreed upon by the paternal grandmother. The court also noted that an interim protection order from the Melbourne Children's Court would cease to have effect on the same date.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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