Sterry and Sterry

Case

[2017] FCCA 2255

20 July 2017


Details
AGLC Case Decision Date
Sterry and Sterry [2017] FCCA 2255 [2017] FCCA 2255 20 July 2017

CaseChat Overview and Summary

This matter concerned an application before Judge Kelly regarding the welfare of a child, X, born in 2013. The proceedings involved the child's parents, Ms Sterry and Mr Sterry. The court was required to make orders concerning the child's residence, time spent with each parent, and communication between the child and the father during an adjournment period.

The central legal issues before the court were how to best facilitate time between the child and the father, given the geographical distance and the need for supervision, while also ensuring the child's safety and well-being. The court also had to consider the appropriate interim arrangements for residence, communication, and the conduct of the parties towards each other and in relation to the proceedings. Furthermore, the court was tasked with obtaining relevant information from law enforcement regarding any child abuse or family violence allegations.

In its reasoning, the court made detailed orders for the child's residence in South Australia with the mother and outlined a phased approach to supervised time with the father. This included specific dates, times, locations, and the involvement of grandparents as supervisors. The court also mandated supervised handovers and established a schedule for electronic communication between the child and the father. Crucially, the court imposed strict restraints on both parents regarding disparaging remarks about each other, discussing the proceedings in the child's presence, and using social media to discuss the case. The court also ordered the South Australian Police to provide reports on any child abuse or family violence allegations concerning the parties or the child.

The court ordered that the hearing previously scheduled for 2 August 2017 in Wollongong be vacated. It also made directions regarding the filing of affidavits and encouraged the parties to engage in settlement negotiations concerning property matters. The matter was ultimately adjourned to 6 November 2017 for further consideration.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Appeal

  • Jurisdiction

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Most Recent Citation
Fink & Mallander [2021] FCCA 1218

Cases Citing This Decision

1

Fink & Mallander [2021] FCCA 1218
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