Rowe and Helbig

Case

[2016] FamCA 461

10 June 2016


Details
AGLC Case Decision Date
Rowe and Helbig [2016] FamCA 461 [2016] FamCA 461 10 June 2016

CaseChat Overview and Summary

The case of *Rowe and Helbig* concerned an application by the father to amend an order made on 9 March 2015. The application sought to alter Order 15 of the original judgment. The proceedings were heard by Rees J.

The primary legal issue before the court was whether the father's application to amend Order 15 should be granted. Additionally, the court considered the application of the slip rule to amend Order 16, also made on 9 March 2015, to reflect the intended orders of the court.

Rees J dismissed the father's application to amend Order 15. However, the court exercised its power under the slip rule to amend Order 16. This amendment clarified the arrangements for the children's time with the mother, stipulating that from the second weekend following a specified period, the children would spend unsupervised time with the mother on alternate weekends, commencing Friday afternoon and concluding Monday morning, with specific collection and return arrangements detailed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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