Sully and Sully
Case
•
[2016] FamCA 183
•18 March 2016
Details
AGLC
Case
Decision Date
Sully and Sully [2016] FamCA 183
[2016] FamCA 183
18 March 2016
CaseChat Overview and Summary
In the matter of Sully and Sully, Bennett J considered various interim parenting and property settlement applications. The dispute involved the husband and wife, with the Independent Children's Lawyer also participating. The proceedings concerned the welfare of the children, including arrangements for their time with each parent, and the division of the parties' assets.
The court was required to determine a range of issues, including the terms of the children's holiday travel, the attendance of third parties during parental time, the need for psychological and psychiatric assessments of the parties, and the prohibition of discussing the proceedings or marital breakdown in the presence of the children. Further issues included the terms of an injunction restraining family violence and attempts to locate or surveil the other party, the return of specific personal items to the wife, and an injunction preventing the husband from attending certain locations. The court also addressed the filing of financial statements for property settlement and the costs associated with the Independent Children's Lawyer.
Bennett J made a series of orders addressing these matters. The court ordered a case assessment conference, permitted the husband to take the children on a holiday, and stipulated conditions for parental time, including the attendance of specific individuals or a nanny. The parties were directed to attend psychological and psychiatric assessments, with costs to be shared. Injunctions were granted to prevent the discussion of proceedings with the children and to restrain family violence and stalking behaviour. Specific orders were made for the return of the wife's belongings and for the husband to refrain from attending certain addresses. The parties were also ordered to file financial statements, and all extant interim parenting applications were dismissed. The court certified for counsel, including senior counsel, and reserved liberty to apply.
The court was required to determine a range of issues, including the terms of the children's holiday travel, the attendance of third parties during parental time, the need for psychological and psychiatric assessments of the parties, and the prohibition of discussing the proceedings or marital breakdown in the presence of the children. Further issues included the terms of an injunction restraining family violence and attempts to locate or surveil the other party, the return of specific personal items to the wife, and an injunction preventing the husband from attending certain locations. The court also addressed the filing of financial statements for property settlement and the costs associated with the Independent Children's Lawyer.
Bennett J made a series of orders addressing these matters. The court ordered a case assessment conference, permitted the husband to take the children on a holiday, and stipulated conditions for parental time, including the attendance of specific individuals or a nanny. The parties were directed to attend psychological and psychiatric assessments, with costs to be shared. Injunctions were granted to prevent the discussion of proceedings with the children and to restrain family violence and stalking behaviour. Specific orders were made for the return of the wife's belongings and for the husband to refrain from attending certain addresses. The parties were also ordered to file financial statements, and all extant interim parenting applications were dismissed. The court certified for counsel, including senior counsel, and reserved liberty to apply.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Injunction
-
Costs
-
Consent
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Sully and Sully [2016] FamCA 183
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0