SHORETSKY & SHORETSKY

Case

[2015] FamCA 991

15 May 2015


Details
AGLC Case Decision Date
SHORETSKY & SHORETSKY [2015] FamCA 991 [2015] FamCA 991 15 May 2015

CaseChat Overview and Summary

In the matter of *Shoretsky & Shoretsky*, heard before Justice Thornton, the proceedings concerned parenting arrangements for three children. The father sought interim orders for supervised time with the children. The proceedings were complicated by the unknown whereabouts of the eldest child, the second eldest child's non-attendance at school, and the mother's unexplained absence from court.

The court was required to determine whether to grant the father leave to make an oral application for interim parenting orders. Additionally, the court needed to consider the appropriate course for the final parenting proceedings, given the circumstances, and the need for information from the Department of Human Services.

Justice Thornton refused the father's oral application for leave to make an oral application for interim orders. The court adjourned the applications for final orders to a later date, directing that all witness evidence-in-chief be provided by affidavit. Crucially, the court requested the Department of Human Services, pursuant to section 69ZW of the *Family Law Act 1975* (Cth), to provide documents, records, and written information concerning the children arising from any notifications of suspected abuse or family violence, and any subsequent assessments or investigations by the agency. The court also made provisions for the Department to access court documents and for the distribution of information provided by the Department.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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Cases Citing This Decision

1

Shoretsky & Shoretsky (No 2) [2015] FamCA 1026
Cases Cited

0

Statutory Material Cited

2