Preiss and Preiss (No. 3)

Case

[2018] FamCA 945

20 November 2018


Details
AGLC Case Decision Date
Preiss and Preiss (No. 3) [2018] FamCA 945 [2018] FamCA 945 20 November 2018

CaseChat Overview and Summary

In the matter of *Preiss and Preiss (No. 3)*, Cronin J considered applications concerning both parenting and property matters. The parenting dispute arose following an incident where the wife was hospitalised after an event involving the child, leading to the child's removal and criminal charges being laid against the wife. Interim orders had previously established a shared parenting arrangement where the child lived with the wife for nine days and the husband for five days. The property dispute involved the husband's application to set aside or vary existing property orders, which the wife sought to have summarily dismissed.

The court was required to determine the appropriate interim parenting arrangements for the child, particularly in light of the wife's hospitalisation, the pending criminal charges, and concerns about the child's fear of face-to-face contact with his mother. Additionally, the court had to consider the husband's application to vary property orders, assessing whether it had a reasonable prospect of success given the lack of evidence and submissions provided by the husband.

Cronin J made interim orders restricting the child's direct contact with the mother to supervised arrangements and weekly telephone calls, with the commencement of supervised contact contingent on a psychologist's consultation and approval. The court directed the preparation of an expert psychological report to address the child's fears, the potential psychological harm from pursuing the relationship, the impact of the mother's absence, and steps towards a future relationship. The court also summarily dismissed certain paragraphs of the husband's initiating application concerning property, finding that, absent material, his application had no reasonable likelihood of success. The remaining parenting applications were adjourned for a final hearing.
Details

Areas of Law

  • Family Law

  • Criminal Law

  • Civil Procedure

Legal Concepts

  • Summary Judgment

  • Costs

  • Remedies

  • Procedural Fairness

  • Charge

  • Expert Evidence

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Preiss & Preiss (No 4) [2018] FamCA 1050
Cases Cited

12

Statutory Material Cited

2

Preiss and Preiss (No. 2) [2018] FamCA 805
SCVG and KLD [2017] FamCA 720
Goode & Goode [2006] FamCA 1346