SS & AH

Case

[2010] FamCA 476

4 June 2010


Details
AGLC Case Decision Date
SS & AH [2010] FamCA 476 [2010] FamCA 476 4 June 2010

CaseChat Overview and Summary

This matter concerned an application by the mother for supervised time with her child, K, and the re-introduction of time and communication between the mother and K. The father was also involved in the proceedings. The case was heard by Barry J in the Family Court of Australia.

The court was required to determine whether to grant the mother supervised time with K and how to facilitate the resumption of time and communication between mother and child. Additionally, the court considered an application for an educational assessment of J, which was dismissed. The proceedings also involved the application of section 65L of the *Family Law Act 1975* concerning the supervision of parenting orders.

Barry J ordered that the father arrange for K to attend upon a Family Consultant to assess how K's time and communication with the mother might be progressed. The Family Consultant was tasked with assisting in the resumption of K's time and progression of communication with the mother, and if recommended, K would attend counselling or therapy. The court also made specific orders regarding how parents should conduct themselves during K's time with them, including respecting the privacy of the other parent and speaking respectfully. The court further ordered that if J expressed a wish to attend upon a Family Consultant, the father would arrange this, and the consultant would assist with the resumption of J's time and communication with the mother. Compliance with these parenting orders was to be supervised by a Family Consultant.

The mother's application for interim parenting orders and supervised time with K at a Contact Centre were adjourned for further hearing. The matter was listed for trial. The mother's and Independent Children's Lawyer's application for an educational assessment of J was dismissed. The court also dismissed specific paragraphs of the father's application.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

  • Appeal

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