SCVG & KLD

Case

[2014] FamCAFC 42

25 March 2014


Details
AGLC Case Decision Date
SCVG & KLD [2014] FamCAFC 42 [2014] FamCAFC 42 25 March 2014

CaseChat Overview and Summary

SCVG & KLD concerned an appeal against interim orders made in family law proceedings in relation to children. The father appealed against several orders made by Faulks DCJ, including those pertaining to parental responsibility, time spent with the children, and supervised visits. The primary issues were whether the Family Court judge erred in not considering equal or substantial and significant time with the children, in not giving significant weight to expert reports about the father's risk to the children, and in not ordering supervised visits. The court held that there was no appealable error in the judge's decisions. The appellate court found that the prior order for equal shared parental responsibility did not create a mandatory consideration of equal or substantial and significant time. The court also found that the primary judge did not err in not giving significant weight to the expert reports, as the father did not establish that they should have been relied upon. Lastly, the appellate court held that no appealable error occurred in the failure to order supervised visits, as no such application had been made, and the orders were intended to operate for a short period.

The appeal was dismissed, and the father was ordered to pay the mother's and the Independent Children's Lawyer's costs within one month of agreement or assessment as to quantum.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Standing

  • Jurisdiction

  • Appeal

  • Expert Evidence

  • Supervised Time

  • Best Interests of the Child

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Cases Citing This Decision

304

Galloway & Steele [2021] FamCA 508
Galloway & Steele [2021] FamCA 508
ADLAM & ADLAM [2020] FamCA 869
Cases Cited

9

Statutory Material Cited

5

NICOLS v GARDNER [2005] FMCA 122
Sayer v Radcliffe [2012] FamCAFC 209
MRR v GR [2010] HCA 4