Tailor and Apted (No 2)
Case
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[2009] FamCA 1249
•18 DECEMBER 2009
Details
AGLC
Case
Decision Date
Tailor and Apted (No 2) [2009] FamCA 1249
[2009] FamCA 1249
18 DECEMBER 2009
CaseChat Overview and Summary
In *Tailor and Apted (No 2)*, Young J of the Family Court of Australia considered an application concerning parenting orders for two children, R and C. The dispute involved the father's time with and communication with the children, and the court was required to determine the terms of these arrangements and the future conduct of the proceedings.
The court was tasked with determining the specific arrangements for the father's time with the children, including the duration and frequency of contact, and the locations for changeovers. Additionally, the court needed to set a timetable for the resolution of defended matters, including the filing of affidavits and the preparation of a Family Report, and to consider the attendance of counsel and the Independent Children's Lawyer.
Young J discharged previous orders made by Rose J and Senior Registrar FitzGibbon, and then made new orders for the father's time with the children, specifying contact on 26 December 2009 and on alternate Sundays thereafter, with changeovers at a designated contact service. The court also scheduled a three-day defended hearing for 30 June 2010, with a prior case management mention on 10 May 2010, during which the father was permitted to attend by telephone. The court directed the filing of trial affidavits and concise statements of final orders by 28 May 2010, and ordered the Family Consultant to prepare an updated Family Report addressing the children's wishes, the operation of the new orders, and any other relevant matters concerning the children's welfare. The court also certified that the matter reasonably required the attendance of counsel for the mother and the Independent Children's Lawyer.
The court was tasked with determining the specific arrangements for the father's time with the children, including the duration and frequency of contact, and the locations for changeovers. Additionally, the court needed to set a timetable for the resolution of defended matters, including the filing of affidavits and the preparation of a Family Report, and to consider the attendance of counsel and the Independent Children's Lawyer.
Young J discharged previous orders made by Rose J and Senior Registrar FitzGibbon, and then made new orders for the father's time with the children, specifying contact on 26 December 2009 and on alternate Sundays thereafter, with changeovers at a designated contact service. The court also scheduled a three-day defended hearing for 30 June 2010, with a prior case management mention on 10 May 2010, during which the father was permitted to attend by telephone. The court directed the filing of trial affidavits and concise statements of final orders by 28 May 2010, and ordered the Family Consultant to prepare an updated Family Report addressing the children's wishes, the operation of the new orders, and any other relevant matters concerning the children's welfare. The court also certified that the matter reasonably required the attendance of counsel for the mother and the Independent Children's Lawyer.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Consent
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Procedural Fairness
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Remedies
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Jurisdiction
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