PROCTOR & PROCTOR
Case
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[2014] FCCA 3122
•16 December 2014
Details
AGLC
Case
Decision Date
PROCTOR & PROCTOR [2014] FCCA 3122
[2014] FCCA 3122
16 December 2014
CaseChat Overview and Summary
In the matter of *Proctor & Proctor*, heard by Judge Harman, the dispute concerned parenting arrangements for children X and Y. The proceedings involved an application for contravention filed by the Applicant on 12 December 2014, and an application in a case filed by the Applicant on 9 December 2014.
The court was required to determine several issues, including whether to grant the Respondent leave to file an Affidavit and Amended Response, and whether to grant the Applicant leave to withdraw her Application for Contravention. The court also needed to consider the existing Interim Orders made on 25 August 2014, and make further orders regarding the children's time with their mother, the parties' ability to vary existing arrangements, and restrictions on attending each other's residences. Finally, the court had to decide whether to dismiss the application filed on 9 December 2014 and whether to order the preparation of a Part 15 Report.
Judge Harman granted leave to the Respondent to file an Affidavit and Amended Response, and to the Applicant to withdraw her Application for Contravention without an order as to costs. The Interim Orders made on 25 August 2014 were confirmed. The court further ordered that the mother would spend a block period of time with the children from 9 January 2015 to 25 January 2015, with changeovers to occur at a specific police station. Both parties were restrained from varying the ordered arrangements by parenting plan or informal agreement. Additionally, each party was restrained from attending within 50 metres of the other's residence without written consent. The application filed on 9 December 2014 was dismissed, and the court declined to order the preparation of a Part 15 Report.
The court was required to determine several issues, including whether to grant the Respondent leave to file an Affidavit and Amended Response, and whether to grant the Applicant leave to withdraw her Application for Contravention. The court also needed to consider the existing Interim Orders made on 25 August 2014, and make further orders regarding the children's time with their mother, the parties' ability to vary existing arrangements, and restrictions on attending each other's residences. Finally, the court had to decide whether to dismiss the application filed on 9 December 2014 and whether to order the preparation of a Part 15 Report.
Judge Harman granted leave to the Respondent to file an Affidavit and Amended Response, and to the Applicant to withdraw her Application for Contravention without an order as to costs. The Interim Orders made on 25 August 2014 were confirmed. The court further ordered that the mother would spend a block period of time with the children from 9 January 2015 to 25 January 2015, with changeovers to occur at a specific police station. Both parties were restrained from varying the ordered arrangements by parenting plan or informal agreement. Additionally, each party was restrained from attending within 50 metres of the other's residence without written consent. The application filed on 9 December 2014 was dismissed, and the court declined to order the preparation of a Part 15 Report.
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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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
PROCTOR & PROCTOR [2014] FCCA 3122
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
4
Makita (Australia) Pty Ltd v Sprowles
[2001] NSWCA 305
Lithgow City Council v Jackson
[2011] HCA 36
Dasreef Pty Ltd v Hawchar
[2011] HCA 21