SETCHELL & BATTEN (No.3)

Case

[2020] FCCA 1164

11 March 2020


Details
AGLC Case Decision Date
SETCHELL & BATTEN (No.3) [2020] FCCA 1164 [2020] FCCA 1164 11 March 2020

CaseChat Overview and Summary

This matter came before Judge Brown concerning parenting arrangements for a child, X. The applicant, the father, sought orders regarding the child's time with him and the mother's involvement in handovers. The respondent is the mother.

The court was required to determine the specific arrangements for the child's time with the father, including the commencement and frequency of alternate weekends and intervening weekends. Further issues included the process for child handovers, specifically the mother's use of a nominee and the involvement of Mr D, and the father's liberty to obtain information about the child's education.

Judge Brown ordered that the child's time with the father, as previously ordered on 22 May 2019, would resume on 14 March 2020, with specific alternate Saturday and intervening weekend arrangements. The court also ordered that the mother's previous requirement to use a nominee for handovers be suspended, and granted an injunction restraining her from causing or permitting Mr D to attend handover services. The father was granted liberty to receive information regarding the child from her educational institutions. The matter was listed for a final hearing on 6, 7, and 8 May 2020, with directions for the filing and service of affidavit evidence and payment of fees.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Discovery

  • Remedies

Actions
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Cases Citing This Decision

1

SETCHELL & BATTEN (No.4) [2020] FCCA 1365
Cases Cited

2

Statutory Material Cited

2

Setchell & Batten [2016] FCCA 2980
SETCHELL & BATTEN (No.2) [2018] FCCA 2402