Sterling and Wilde
Case
•
[2013] FamCA 781
•11 October 2013
Details
AGLC
Case
Decision Date
Sterling and Wilde [2013] FamCA 781
[2013] FamCA 781
11 October 2013
CaseChat Overview and Summary
In the matter of *Sterling and Wilde*, Berman J of the Family Court of Australia considered an application concerning the parenting arrangements for two children, B and C. The dispute revolved around the children's time with their father and the management of allegations of abuse raised within the proceedings.
The court was required to determine whether to discharge an existing order made by Judge Brown, to reinstate the children spending time with their father as per previous orders, to specify the location and conditions for child handovers, and to regulate the children's access to health professionals in light of the allegations.
Berman J ordered the discharge of Judge Brown's previous order and reinstated the children spending time with their father from 11 October 2013, pursuant to orders made on 4 September 2009. Handover arrangements were specified to occur at the D Town Police Station, or an agreed alternative location, with only the parties to attend. Crucially, the court restrained both parties from causing the children to consult with any health professional regarding allegations of sexual abuse, neglect, physical abuse, or relationship issues without the written consent of the Independent Children’s Lawyer. The court reserved publication of its reasons for judgment and attached a document detailing the obligations and consequences of the parenting orders.
The court was required to determine whether to discharge an existing order made by Judge Brown, to reinstate the children spending time with their father as per previous orders, to specify the location and conditions for child handovers, and to regulate the children's access to health professionals in light of the allegations.
Berman J ordered the discharge of Judge Brown's previous order and reinstated the children spending time with their father from 11 October 2013, pursuant to orders made on 4 September 2009. Handover arrangements were specified to occur at the D Town Police Station, or an agreed alternative location, with only the parties to attend. Crucially, the court restrained both parties from causing the children to consult with any health professional regarding allegations of sexual abuse, neglect, physical abuse, or relationship issues without the written consent of the Independent Children’s Lawyer. The court reserved publication of its reasons for judgment and attached a document detailing the obligations and consequences of the parenting orders.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Jurisdiction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Sterling and Wilde [2013] FamCA 781
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
4