Richards and Whipp (No. 3)
Case
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[2009] FamCA 735
•10 August 2009
Details
AGLC
Case
Decision Date
Richards and Whipp (No. 3) [2009] FamCA 735
[2009] FamCA 735
10 August 2009
CaseChat Overview and Summary
This matter concerned an application by the father, Richards, for orders relating to time spent with the child and related communication, and an application by the mother, Whipp, for costs. The proceedings were before Watts J.
The court was required to determine the specific arrangements for the child's time with the father, including conditions on who could be present during these periods. Further issues included the provision of information regarding the child's medical treatment and daycare, the facilitation of communication between the child and the father via Skype, and the mother's opposition to an order under s 69VA of the *Family Law Act 1975* (Cth). The court also had to consider the inspection of documents produced under subpoena and the potential for a Chapter 15 report.
Watts J made detailed orders regarding the child's time with the father, specifying dates and times for supervised visits. The court also ordered that the mother nominate two familiar persons, with at least one having a significant attachment to the child, to facilitate these periods if she was not present, excluding the maternal grandmother. The father was permitted to nominate one other person to be present during his time with the child. The mother was ordered to provide specific information to the father and to facilitate weekly Skype communication, with the father to reimburse the mother for necessary equipment. The mother's application for costs was dismissed. The court also set out a process for the mother to indicate her opposition to an order under s 69VA of the *Family Law Act*, with provisions for inspection of documents and a hearing date if agreement could not be reached on a Chapter 15 report. The orders included a Fact Sheet detailing obligations and consequences of contravention.
The court was required to determine the specific arrangements for the child's time with the father, including conditions on who could be present during these periods. Further issues included the provision of information regarding the child's medical treatment and daycare, the facilitation of communication between the child and the father via Skype, and the mother's opposition to an order under s 69VA of the *Family Law Act 1975* (Cth). The court also had to consider the inspection of documents produced under subpoena and the potential for a Chapter 15 report.
Watts J made detailed orders regarding the child's time with the father, specifying dates and times for supervised visits. The court also ordered that the mother nominate two familiar persons, with at least one having a significant attachment to the child, to facilitate these periods if she was not present, excluding the maternal grandmother. The father was permitted to nominate one other person to be present during his time with the child. The mother was ordered to provide specific information to the father and to facilitate weekly Skype communication, with the father to reimburse the mother for necessary equipment. The mother's application for costs was dismissed. The court also set out a process for the mother to indicate her opposition to an order under s 69VA of the *Family Law Act*, with provisions for inspection of documents and a hearing date if agreement could not be reached on a Chapter 15 report. The orders included a Fact Sheet detailing obligations and consequences of contravention.
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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Jurisdiction
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Procedural Fairness
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Remedies
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Standing
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Statutory Construction
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