Pickering and Pickering (No 3)
Case
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[2010] FamCA 980
•28 October 2010
Details
AGLC
Case
Decision Date
Pickering and Pickering (No 3) [2010] FamCA 980
[2010] FamCA 980
28 October 2010
CaseChat Overview and Summary
The case of *Pickering and Pickering (No 3)* concerned an application before Dawe J in the Family Court of Australia. The dispute involved orders relating to a child, H, born in June 1995. The court was required to consider various applications and make interim orders regarding H's living arrangements, school attendance, and independent representation.
The central legal issues before the court were the interim living arrangements for H, ensuring his regular attendance at school, and the appointment of an Independent Children's Lawyer. The court also considered the necessity of a Family Consultant's report to assist in resolving the ongoing issues between the parties concerning H's best interests.
Dawe J made several orders to address these issues. Paragraphs 1 and 2 of a previous order of 22 October 2008 were suspended concerning H, and H was ordered to live with the mother during the adjournment. The mother was directed to ensure H's school attendance and to provide medical certificates for any absences to the father. Crucially, pursuant to section 68L of the *Family Law Act 1975*, H was to be independently represented, with arrangements to be made by the Legal Service Commission of South Australia, and consideration was given to the reappointment of the former Independent Children's Lawyer. Furthermore, pursuant to section 11F of the *Family Law Act 1975*, the parties and H were ordered to attend upon a Family Consultant for an appointment to assist in achieving a resolution, with a report to be provided to the court regarding H's best interests, living arrangements, relationships, and school attendance. The matter was adjourned for further consideration.
The central legal issues before the court were the interim living arrangements for H, ensuring his regular attendance at school, and the appointment of an Independent Children's Lawyer. The court also considered the necessity of a Family Consultant's report to assist in resolving the ongoing issues between the parties concerning H's best interests.
Dawe J made several orders to address these issues. Paragraphs 1 and 2 of a previous order of 22 October 2008 were suspended concerning H, and H was ordered to live with the mother during the adjournment. The mother was directed to ensure H's school attendance and to provide medical certificates for any absences to the father. Crucially, pursuant to section 68L of the *Family Law Act 1975*, H was to be independently represented, with arrangements to be made by the Legal Service Commission of South Australia, and consideration was given to the reappointment of the former Independent Children's Lawyer. Furthermore, pursuant to section 11F of the *Family Law Act 1975*, the parties and H were ordered to attend upon a Family Consultant for an appointment to assist in achieving a resolution, with a report to be provided to the court regarding H's best interests, living arrangements, relationships, and school attendance. The matter was adjourned for further consideration.
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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Costs
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Discovery
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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