REINES & REINES

Case

[2020] FCCA 3177

6 August 2020


Details
AGLC Case Decision Date
REINES & REINES [2020] FCCA 3177 [2020] FCCA 3177 6 August 2020

CaseChat Overview and Summary

This matter concerned an application for interim parenting arrangements for two children, aged 13 and 10. The father alleged the children were at risk of physical and emotional abuse in the mother's care and had retained their care, while the mother contended the father was acting opportunistically to limit her time with the children. The court was required to consider the assessment of risk in the context of an interim hearing and the best interests of the children, including whether separate parenting arrangements should apply to each child.

Judge Brown determined that the children should live with the mother on alternate weekends from Saturday morning to Sunday afternoon, and with the father at all other times during school term. During the September/October 2020 school holidays, the children were to reside with the father for the initial period and then with the mother for the latter part. The court also granted an injunction restraining the mother from physically disciplining the children on a without admission basis.

Following the receipt of a Family Assessment Report, the parties were directed to exchange proposals within fourteen days. The matter was subsequently transferred to the Family Court of Australia for further listing. Publication of the judgment under the pseudonym Reines & Reines was approved pursuant to s.121(9)(g) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Deiter & Deiter [2011] FamCAFC 82
Slater & Light [2013] FamCAFC 4