PLAYFAIR & HANFORD

Case

[2020] FamCA 759

27 August 2020


Details
AGLC Case Decision Date
PLAYFAIR & HANFORD [2020] FamCA 759 [2020] FamCA 759 27 August 2020

CaseChat Overview and Summary

In the matter of *Playfair & Hanford*, Hogan J considered applications by the respondent mother for leave to re-open proceedings to adduce further evidence and to suspend the operation of existing interim parenting orders. The dispute concerned interim parenting arrangements, specifically the father's supervised time with the child.

The court was required to determine whether to grant the mother leave to re-open the proceedings to present new evidence. Additionally, the court had to decide whether to suspend, on an interim basis, the orders that provided for the father to spend supervised time with the child.

Hogan J granted the mother leave to re-open the proceedings to adduce further evidence. The court also made orders suspending the operation of specific interim parenting orders concerning the father's supervised time with the child. The part-heard final hearing was adjourned to recommence on 22 October 2020. Further orders were made regarding the filing of amended applications and affidavits, the issuance of subpoenas by the Independent Children's Lawyer and the mother's legal representatives, and an injunction restraining the mother from taking the child to a specific program for counselling or therapy, unless otherwise agreed. The orders also included particulars of obligations and consequences of contravention pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Suell & Suell (Re-Opening) [2009] FamCA 55
Fox v Percy [2003] HCA 22