Sheffield and Tomlin (No.3)

Case

[2018] FCCA 614

2 March 2018


Details
AGLC Case Decision Date
Sheffield and Tomlin (No.3) [2018] FCCA 614 [2018] FCCA 614 2 March 2018

CaseChat Overview and Summary

This matter came before Judge Harland concerning parenting orders for three children, [X], [Y], and [Z]. The dispute involved the mother's time with the children, which was to be supervised by the maternal grandparents, and the terms governing this contact.

The court was required to determine the specific arrangements for the mother's time with the children, including the frequency and duration of contact, and the conditions under which this contact would occur. Key issues included the supervision of contact, the mother's responsibilities regarding the children's extra-curricular activities, the location for changeovers, and the consideration of the eldest child's wishes. The court also needed to address the consequences of any breach of the orders or undertakings.

Judge Harland made orders that established a phased approach to the mother's contact, commencing with supervised time on alternate Sundays until April 2018, then progressing to alternate weekends. Mid-week contact was also ordered. All contact was to be supervised by the maternal grandparents, with the mother responsible for ensuring the children attended their scheduled activities. Changeovers were to occur at a specific location, and the eldest child, [X], was to have his wishes considered. Crucially, the court ordered that any breach of the orders or the maternal grandparents' undertakings would result in the suspension of all contact time. The proceeding was listed for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Costs

  • Injunction

  • Remedies

  • Standing

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Cases Citing This Decision

1

Sheffield and Tomlin (No.4) [2018] FCCA 2196
Cases Cited

1

Statutory Material Cited

2

Sheffield and Tomlin [2017] FCCA 182