Picken & Picken

Case

[2007] FamCA 1143

18 September 2007


Details
AGLC Case Decision Date
Picken & Picken [2007] FamCA 1143 [2007] FamCA 1143 18 September 2007

CaseChat Overview and Summary

In the matter of *Picken & Picken*, Young J of the Family Court of Australia made orders concerning the children and parenting arrangements for R and J, born in 1995 and 1997 respectively, and also addressed property and financial matters between the parties. The dispute involved interim arrangements for the children's care, residence, and contact with their parents, as well as directions for financial disclosure and property valuation.

The court was required to determine the interim parental responsibility for the children, including where they would live and the nature and extent of their time with each parent. Additionally, the court needed to establish communication protocols between the children and their mother, and to make orders regarding the children's schooling and access to support services. The court also addressed the wife's occupation of the E property and directed the parties to prepare for a financial conciliation conference.

Young J's reasoning led to orders that the husband have primary parental responsibility and that the children live with him. The wife was granted limited supervised contact for four hours on specific Sundays in September, October, and November, with the husband responsible for transport and prohibited from being present during these times. The children were ordered to communicate with their mother by telephone and email. The husband was directed to enrol the children in a specific school and to facilitate their access to counselling and health services, with reports to be made available to the court and the Independent Children's Lawyer. The husband was also restrained from denigrating the wife and from interfering with her or attending at her property, except as permitted by the orders. The wife was granted sole occupation of the E property.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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