RAITHBY & MOXHAM (No.2)

Case

[2020] FCCA 3605

21 October 2020


Details
AGLC Case Decision Date
RAITHBY & MOXHAM (No.2) [2020] FCCA 3605 [2020] FCCA 3605 21 October 2020

CaseChat Overview and Summary

In the matter of *Raithby & Moxham (No.2)*, Judge Howard of the Federal Circuit Court of Australia made interim orders concerning the parenting arrangements for a child born in 2020. The dispute involved the parents' arrangements for the child, with specific attention to the mother's time with the child and the involvement of a supervisor and the Independent Children's Lawyer.

The court was required to determine the practical arrangements for the child's changeovers between parents, the extent of supervision required during these changeovers, and the necessity for the mother to engage in counselling. Furthermore, the court considered the appropriate dissemination of psychiatric evidence and a Family Report to relevant professionals involved in the child's care and the proceedings.

Judge Howard's reasoning led to orders that changeovers would occur at a specific playground, and the existing supervision obligation on Ms C would not apply during these changeovers. The mother was directed to seek a referral for ongoing counselling. Crucially, the court granted leave for the Independent Children's Lawyer and the mother to provide the Family Report to the mother's treating General Practitioner and her counsellor, and for the mother to provide the treating General Practitioner's contact details to the Independent Children's Lawyer. The Independent Children's Lawyer was also granted leave to provide any filed material to the counsellor. The matter was then adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Expert Evidence

  • Injunction

  • Procedural Fairness

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