SHANKS & JOBLING

Case

[2016] FCCA 3028

11 October 2016


Details
AGLC Case Decision Date
Shanks and Jobling [2016] FCCA 3028 [2016] FCCA 3028 11 October 2016

CaseChat Overview and Summary

In *Shanks & Jobling*, heard by Judge Brown, the dispute concerned interim arrangements for a six-year-old child with special needs. The parties were in high conflict, with disagreements arising particularly over the child's schooling and handover arrangements. The child was independently represented, and the role of the Independent Children's Lawyer (ICL) was a consideration in the proceedings.

The court was required to determine the best interim arrangements for the child, specifically addressing issues of schooling, the location and method of child exchanges between parents, and the circumstances under which the mother could arrange psychiatric or psychological examinations of the child.

Judge Brown reasoned that the child's best interests necessitated specific interim orders to manage the high conflict between the parents. The court directed the confirmation of the child's enrolment at a particular primary school and varied existing orders to facilitate daily exchanges at the school. To mitigate conflict, the mother was restrained from being present at the school during these exchanges. For non-school occasions, exchanges were to occur at a designated McDonald's. Furthermore, the mother was enjoined from arranging psychiatric or psychological examinations of the child without the father's written consent.

The matter was adjourned for further interim argument on 15 November 2016.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Consent

  • Remedies

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