Segur and Segur and Ors

Case

[2009] FamCA 611

26 June 2009


Details
AGLC Case Decision Date
Segur and Segur and Ors [2009] FamCA 611 [2009] FamCA 611 26 June 2009

CaseChat Overview and Summary

In the matter of *Segur and Segur and Ors*, Brown J of the Family Court of Australia made orders concerning the parenting arrangements for the three children of the marriage. The proceedings involved the husband and wife, and also permitted the intervention of Mr. Segur (Snr), Mrs. Segur (Snr), Mrs. Yarrow, and Mr. Yarrow. The central dispute revolved around the terms of the husband's time with the children, given the requirement for supervision.

The court was required to determine the specific arrangements for the husband's time with the children, including the duration, frequency, and location of such time. A key issue was the nature and extent of supervision required for these periods, and the role of the named interveners in facilitating and overseeing the husband's contact. The court also addressed the practicalities of changeovers between the wife and husband, and the exchange of information between parties and relevant agencies.

Brown J ordered that the husband's time with the children be supervised by two of the named individuals, with specific instructions that the husband was not to spend any time alone with the children. The supervisors were also to manage the collection and return of the children to the wife's home, ensuring the husband was not present during these changeovers. The court further ordered the preparation of a Family Report and scheduled a Trial Notice Listing. Leave was granted for the husband's solicitor to provide a report to the Department of Human Services, and for the parties' solicitors to copy documents produced by various entities, subject to undertakings regarding their use and return. The orders also stipulated that the particulars of the obligations and consequences of contravention were set out in an annexed Fact Sheet, and that the matter reasonably required the attendance of counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

  • Standing

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