Setchell & Batten
Case
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[2016] FCCA 2980
•17 November 2016
Details
AGLC
Case
Decision Date
Setchell & Batten [2016] FCCA 2980
[2016] FCCA 2980
17 November 2016
CaseChat Overview and Summary
In the matter of *Setchell & Batten*, heard by Judge Brown, the dispute concerned parenting orders for a child born in 2016. The proceedings involved applications to vary existing orders and a contravention application.
The court was required to determine whether to discharge previous orders made on 22 August 2016, and to establish new arrangements for the father to spend time with the child. Additionally, the court considered an application filed on 21 October 2016 and a contravention application filed on 14 October 2016.
Judge Brown ordered the discharge of specific prior orders. New arrangements were made for the father to spend time with the child, contingent upon the parties' acceptance into a supervised contact program. These supervised visits were to occur no more than once a fortnight, not exceeding two hours per session, and were to be supervised by the Director of the Children's Contact Centre or a nominee, at the father's expense. Following six visits, a report from the Director regarding the child's reactions was to be obtained. The application filed on 21 October 2016 was dismissed, and the contravention application was adjourned for hearing on 19 June 2017.
The court was required to determine whether to discharge previous orders made on 22 August 2016, and to establish new arrangements for the father to spend time with the child. Additionally, the court considered an application filed on 21 October 2016 and a contravention application filed on 14 October 2016.
Judge Brown ordered the discharge of specific prior orders. New arrangements were made for the father to spend time with the child, contingent upon the parties' acceptance into a supervised contact program. These supervised visits were to occur no more than once a fortnight, not exceeding two hours per session, and were to be supervised by the Director of the Children's Contact Centre or a nominee, at the father's expense. Following six visits, a report from the Director regarding the child's reactions was to be obtained. The application filed on 21 October 2016 was dismissed, and the contravention application was adjourned for hearing on 19 June 2017.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Remedies
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Procedural Fairness
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Jurisdiction
Actions
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Citations
Setchell & Batten [2016] FCCA 2980
Most Recent Citation
Setchell and Batten (No.2) [2018] FCCA 2402
Cases Citing This Decision
2
SETCHELL & BATTEN (No.3)
[2020] FCCA 1164
SETCHELL & BATTEN (No.2)
[2018] FCCA 2402
Cases Cited
2
Statutory Material Cited
2
Deiter & Deiter
[2011] FamCAFC 82
Russell & Russell & Anor
[2009] FamCA 28