SCHMIDT & CURRY

Case

[2013] FCCA 2290

29 November 2013


Details
AGLC Case Decision Date
SCHMIDT & CURRY [2013] FCCA 2290 [2013] FCCA 2290 29 November 2013

CaseChat Overview and Summary

In the matter of *Schmidt & Curry*, heard by Judge Stewart, the dispute concerned interim parenting arrangements for two children, [X] and [Y], born in 2007 and 2009 respectively. The court was tasked with determining the immediate living arrangements and contact schedule for the children pending further resolution of the proceedings.

The court was required to establish orders regarding where the children would live, the specific times and methods of communication and contact with the father, and to implement protective measures concerning discussions about the proceedings and the children's future. Further issues included the location of changeovers, the father's residence during contact periods, and the appointment of an Independent Children's Lawyer. The court also needed to address restrictions on medical assessments of the children and the mother's conduct regarding the children's privacy.

Judge Stewart ordered that the children live with the mother and set out a detailed schedule for the children to spend time and communicate with the father, including specific dates and a week-about arrangement commencing in January 2014. Crucially, the court restrained both parties from discussing the proceedings or the children's future with them, and from denigrating each other in the children's presence. Changeovers were to occur at a McDonald's restaurant, with an exception for Fridays when the elder child was at school. The father was ordered to reside with his paternal grandparents during his contact time. An Independent Children's Lawyer was appointed for both children, and parties were directed to provide all relevant documents to Legal Aid NSW. The court also restrained either party from taking the children to see a psychologist or psychiatrist without further order and imposed a restriction on the mother regarding closing doors in the children's rooms. The matter was adjourned for further consideration.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Deiter & Deiter [2011] FamCAFC 82