RIDLEY & RIDLEY
Case
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[2019] FamCA 628
•6 September 2019
Details
AGLC
Case
Decision Date
RIDLEY & RIDLEY [2018] FamCA 628
[2019] FamCA 628
6 September 2019
CaseChat Overview and Summary
This matter concerned orders made by Cleary J in the Family Court of Australia regarding the parenting arrangements for a child, M. The proceedings involved the child's mother and father, and the court was required to determine the specific terms of M's time with each parent, as well as address certain restrictions and the suspension of previous consent orders.
The court was tasked with determining the practical arrangements for M's time with the mother, including the frequency, duration, and location of this time, and the necessary supervision. Additionally, the court had to consider an application to restrain the mother from permitting M to have contact with a Mr F, and to suspend specific existing consent orders that governed M's time with both parents and holiday arrangements. The court also needed to make provision for the explanation of the new orders to the child and to notify relevant government departments.
Cleary J made orders for M to spend time with the mother on specific Saturdays during school terms, to occur in the Newcastle area under the supervision of Q Group. The parties were directed to engage with Q Group for assessments and to comply with its rules and directions, with the father responsible for delivery and collection. The costs of supervision were to be shared. Crucially, the mother was restrained from permitting M to have contact with Mr F, with this order made by consent and without admissions from the mother. Furthermore, specific previous consent orders detailing extensive time arrangements and holiday schedules were suspended. The court also ordered that an Independent Children's Lawyer meet with M to explain the new orders, and that a copy of the orders and reasons be provided to the Department of Communities and Justice, Child Abuse Unit. The substantive proceedings were listed for mention.
The court was tasked with determining the practical arrangements for M's time with the mother, including the frequency, duration, and location of this time, and the necessary supervision. Additionally, the court had to consider an application to restrain the mother from permitting M to have contact with a Mr F, and to suspend specific existing consent orders that governed M's time with both parents and holiday arrangements. The court also needed to make provision for the explanation of the new orders to the child and to notify relevant government departments.
Cleary J made orders for M to spend time with the mother on specific Saturdays during school terms, to occur in the Newcastle area under the supervision of Q Group. The parties were directed to engage with Q Group for assessments and to comply with its rules and directions, with the father responsible for delivery and collection. The costs of supervision were to be shared. Crucially, the mother was restrained from permitting M to have contact with Mr F, with this order made by consent and without admissions from the mother. Furthermore, specific previous consent orders detailing extensive time arrangements and holiday schedules were suspended. The court also ordered that an Independent Children's Lawyer meet with M to explain the new orders, and that a copy of the orders and reasons be provided to the Department of Communities and Justice, Child Abuse Unit. The substantive proceedings were listed for mention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
RIDLEY & RIDLEY [2018] FamCA 628
Cases Citing This Decision
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