Richards and Whipp (No. 2)
Case
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[2009] FamCA 522
•16 June 2009
Details
AGLC
Case
Decision Date
Richards and Whipp (No. 2) [2009] FamCA 522
[2009] FamCA 522
16 June 2009
CaseChat Overview and Summary
This matter concerned an application before Watts J regarding parenting arrangements for a child born in March 2007. The dispute involved the father's time with the child and the conditions surrounding these arrangements, as well as broader issues concerning the parents' future interactions and the final resolution of parenting orders.
The court was required to determine the specific schedule for the father's time with the child, including conditions for the mother's or her family's presence during initial visits. Further issues included the father's participation in counselling or training focused on child development and enhancing his understanding of the child's needs, and the parties' attendance at a post-separation parenting program. The court also needed to establish a process for notifying future visits to Australia, conferring on arrangements, and the procedure for resolving disagreements regarding these visits, including the filing of affidavits and proposed orders. Finally, the court was to consider a trial plan for the final hearing and the potential expedition of that hearing.
Watts J made orders pending further direction, detailing a specific schedule for the father to spend time with the child between June and July 2009. These orders included stipulations for the mother's or her family's presence during the initial part of each visit, the return of a specific teddy bear, and the prominent display of a framed photograph of the father in the child's bedroom. The father was also ordered to identify and participate in counselling concerning child development and to confer with the mother's solicitors regarding attendance at a post-separation parenting program. The orders established a notification process for future visits by the father to Australia, requiring one month's written notice and subsequent consultation between the parties' lawyers to arrange time with the child. If agreement could not be reached within seven days, either party was granted leave to list the matter for further directions, with specific requirements for filing proposed orders and affidavits. The court also directed the parties' lawyers to confer on a trial plan for the final hearing and to submit a draft plan and list of relied-upon materials. The matter was relisted for a discussion on expediting the final hearing. The orders also incorporated particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet.
The court was required to determine the specific schedule for the father's time with the child, including conditions for the mother's or her family's presence during initial visits. Further issues included the father's participation in counselling or training focused on child development and enhancing his understanding of the child's needs, and the parties' attendance at a post-separation parenting program. The court also needed to establish a process for notifying future visits to Australia, conferring on arrangements, and the procedure for resolving disagreements regarding these visits, including the filing of affidavits and proposed orders. Finally, the court was to consider a trial plan for the final hearing and the potential expedition of that hearing.
Watts J made orders pending further direction, detailing a specific schedule for the father to spend time with the child between June and July 2009. These orders included stipulations for the mother's or her family's presence during the initial part of each visit, the return of a specific teddy bear, and the prominent display of a framed photograph of the father in the child's bedroom. The father was also ordered to identify and participate in counselling concerning child development and to confer with the mother's solicitors regarding attendance at a post-separation parenting program. The orders established a notification process for future visits by the father to Australia, requiring one month's written notice and subsequent consultation between the parties' lawyers to arrange time with the child. If agreement could not be reached within seven days, either party was granted leave to list the matter for further directions, with specific requirements for filing proposed orders and affidavits. The court also directed the parties' lawyers to confer on a trial plan for the final hearing and to submit a draft plan and list of relied-upon materials. The matter was relisted for a discussion on expediting the final hearing. The orders also incorporated particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet.
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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Remedies
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Injunction
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Costs
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Procedural Fairness
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Jurisdiction
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