SHORT & SHORT (No.2)

Case

[2018] FCCA 2832

5 October 2018


Details
AGLC Case Decision Date
Short and Short (No.2) [2018] FCCA 2832 [2018] FCCA 2832 5 October 2018

CaseChat Overview and Summary

In *Short & Short (No.2)*, Judge Altobelli of the Family Court of Australia considered an application concerning the interim parenting arrangements for a 15-year-old child who had attempted self-harm during a changeover. The dispute centred on the cause of the child's self-harm attempt and the appropriate safety measures to be implemented for contact.

The court was required to determine the appropriate interim parenting orders, specifically whether the existing contact arrangements should be suspended and what form of supervised contact, if any, should be ordered. Further issues included the provision of mental health support for the child and the parents' obligations in relation to these arrangements.

The court reasoned that the child's safety was paramount, particularly in light of the recent self-harm attempt. Consequently, existing contact orders were suspended. The court ordered that the children spend time with the mother under supervised contact arrangements, initially through a specific service and then as arranged by CatholicCare Suburb A. The parties were directed to facilitate the intake assessment for supervised visits and comply with the rules and directions of the supervising services. Additionally, the father was ordered to arrange for the child [X] to attend a suicide prevention program at Headspace Suburb A, with provisions for information sharing and attendance confirmation. The parties were also directed to attend a post-separation program and family counselling.

The orders further stipulated that neither parent was to communicate with the children, particularly [X], about the court orders until the Independent Children's Lawyer had explained them to [X]. The father was also specifically directed to ensure that no one in his household or his relatives discussed the orders or their reasons with the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

  • Costs

  • Injunction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Short and Short [2017] FCCA 1218
MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346