Stevens and Maloney

Case

[2007] FamCA 1562

26 November 2007


Details
AGLC Case Decision Date
Stevens and Maloney [2007] FamCA 1562 [2007] FamCA 1562 26 November 2007

CaseChat Overview and Summary

In *Stevens and Maloney*, Brown J of the Family Court of Australia considered applications for interim parenting orders and injunctions concerning the children R and C. The dispute involved the wife seeking to remove the children from the Melbourne metropolitan area, and both parties seeking orders to prevent the other from discussing the proceedings or denigrating the other parent in the children's presence.

The court was required to determine whether to grant interim orders restraining the wife from removing the children from Melbourne, and whether to grant injunctions preventing the parties from discussing the proceedings or denigrating each other in the children's hearing. The court also considered the need for independent representation for the children and the preparation of a family report.

Brown J ordered that the wife be restrained from removing the children from the Melbourne metropolitan area, with exceptions for school holidays and weekends when the children are with her. Injunctions were also granted restraining both parties from discussing the proceedings or denigrating the other parent in the children's presence. The court further ordered that the children's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange this representation, and that a family report be prepared. The applications for interim parenting orders and injunctions were otherwise dismissed, and the applications for final orders were referred for urgent consideration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Costs

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Taylor & Barker [2007] FamCA 1246