Sirola and Sirola

Case

[2016] FamCA 147

14 March 2016


Details
AGLC Case Decision Date
Sirola and Sirola [2016] FamCA 147 [2016] FamCA 147 14 March 2016

CaseChat Overview and Summary

In the matter of *Sirola and Sirola*, heard before Johnston J, the dispute concerned arrangements for the children, B and C, to spend time with their father. The court was required to determine the terms upon which supervised time might occur, the expedition of substantive proceedings, and interim measures to manage the father's contact with the children and their school.

The court considered the best interests of the children in determining the father's contact. It was necessary to balance the father's desire for contact with the children's welfare, particularly in light of the existing orders and the need for a less adversarial approach to resolving the substantive issues. The court also had to address the father's presence at the children's school.

Johnston J ordered that existing orders for supervised time be suspended pending further order, with the possibility of supervised time with a professional supervisor if agreed by the parents and the Independent Children’s Lawyer. The substantive proceedings were expedited, with arrangements to be made for an early hearing before a different judge. The father was restrained from attending the children's school but permitted to communicate with school officials by telephone or in writing. The father was granted leave to relist the proceedings before Johnston J if evidence emerged suggesting the suspended orders could be activated in the children's interests.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Stay of Proceedings

  • Remedies

  • Procedural Fairness

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