Sully and Exelmans (No. 2)

Case

[2008] FamCA 1194

17 October 2008


Details
AGLC Case Decision Date
Sully and Exelmans (No. 2) [2008] FamCA 1194 [2008] FamCA 1194 17 October 2008

CaseChat Overview and Summary

In the parenting proceedings concerning the child T, Justice Bennett of the Family Court of Australia considered an application to reinstate proceedings and make interim parenting orders. The dispute involved the parents of the child T, born in February 2004, and the court was tasked with determining the best interests of the child pending a final hearing.

The court was required to determine whether parenting orders ought to be further altered pending the final hearing. This involved considering the need for independent representation for the child, the preparation of a Family Report, and the arrangements for supervised contact between the father and the child. Additionally, the court had to address communication protocols between the father and the child, and the ongoing disclosure of residential and contact information between the parties.

Justice Bennett ordered that the parenting proceedings be reinstated and adjourned for a hearing on whether interim parenting orders should be made. The court directed that the child's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange this appointment. Interim orders were made concerning supervised contact at designated centres, communication via a mobile telephone, and the provision of updated contact details by each party. A Family Report was also ordered to be prepared.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Costs

Actions
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Most Recent Citation
Exelmans and Sully [2011] FamCA 3

Cases Citing This Decision

1

Exelmans and Sully [2011] FamCA 3
Cases Cited

1

Statutory Material Cited

0

Holt and Foy [2007] FamCA 770