SANTER & SANTER

Case

[2020] FamCA 445

27 March 2020


Details
AGLC Case Decision Date
SANTER & SANTER [2020] FamCA 445 [2020] FamCA 445 27 March 2020

CaseChat Overview and Summary

In the matter of *Santer & Santer*, Justice Macmillan of the Family Court of Australia made orders concerning the time the children X and Y would spend with their Father. The dispute arose in the context of existing Family Court orders from 18 September 2018 and a subsequent Intervention Order made by the Magistrates’ Court on 27 March 2020.

The primary legal issue before the court was how to reconcile the conflicting orders regarding the children's time with the Father, particularly in light of the Intervention Order. The court was required to determine the operative arrangements for the children's care and to ensure appropriate notification of the court's decision to relevant authorities.

Justice Macmillan reasoned that the orders made by the Family Court were inconsistent with the Intervention Order. Consequently, the court ordered that a copy of its orders be sent to the Registrar of the Magistrates’ Court of Victoria and to Victoria Police. The court also ordered that the children spend holiday time with the Father as per the 2018 orders, and from 14 April 2020, spend time with the Father pursuant to specific paragraphs of the 2018 orders, until further order. The application filed on 27 March 2020 was otherwise dismissed. Costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

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