SHEPHERD & STEVENSON

Case

[2013] FCCA 110

24 April 2013


Details
AGLC Case Decision Date
Shepherd and Stevenson [2013] FCCA 110 [2013] FCCA 110 24 April 2013

CaseChat Overview and Summary

In the matter of Shepherd & Stevenson, heard by Judge Kemp, the dispute concerned ongoing counselling for three children, X, Y, and Z. The court was asked to determine whether further orders for ongoing counselling for the children were necessary, beyond those previously made on 14 March 2013.

The central legal issue before the court was the extent to which it should continue to order counselling services for the children, given their ages and the existing court orders. The court was required to consider the best interests of the children in making this determination.

Judge Kemp reasoned that, subject to the existing orders of 14 March 2013, no further orders for ongoing counselling would be made. However, the parties were directed to encourage the children's engagement with Unifam if Unifam advised in writing that such engagement was required. The court also ordered that a copy of its orders and reasons be provided to Unifam, and that there be no order as to costs between the father and the Independent Children's Lawyer. The matter was subsequently removed from the active pending cases list.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

STEVENSON & SHEPHERD [2015] FCCA 1306
Cases Cited

1

Statutory Material Cited

2

Calvert & Calvert [2008] FMCAfam 101