Simon & Harvey

The applicant mother sought orders concerning the time a child spent with the respondent father. The matter came before Forrest J in the Family Court of Australia.

The primary legal issue before the court was the mother's application to vary existing parenting orders, specifically concerning the time the child spent with the father. The court was required to determine the appropriate procedural steps to ensure the father was properly notified of the proceedings and the mother's application.

Forrest J ordered that the mother serve her Application in a Case and supporting affidavits on the father as soon as practicable. The court further directed that the mother inform the father of the next hearing date by serving him with a sealed copy of the orders and a copy of the reasons given for the decision. The mother's application was then to be listed for further hearing in the duty list on Monday, 23 May 2011, after service had been effected.