Tardell and Morrisset
Case
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[2009] FamCA 372
•1 May 2009
Details
AGLC
Case
Decision Date
Tardell and Morrisset [2009] FamCA 372
[2009] FamCA 372
1 May 2009
CaseChat Overview and Summary
In the matter of *Tardell and Morrisset*, heard before Cronin J, the dispute concerned applications relating to parenting orders. The father sought to withdraw a contravention application he had filed, and the court was also required to consider variations to existing parenting orders.
The court was tasked with determining whether to grant the father leave to withdraw his contravention application and, importantly, how to vary the existing parenting orders concerning the time the children spent with each parent. This included considering amendments to weekend and mid-week contact arrangements, the deletion of a specific provision, and adjustments to holiday time. The court also had to address the delivery and return of the children and the inclusion of specific information regarding the obligations and consequences of the orders.
Cronin J granted the father leave to withdraw his contravention application. The court then proceeded to vary the orders made on 1 October 2008, significantly altering the arrangements for the father's time with the children. These variations included changes to the commencement and duration of alternate weekend and mid-week contact, the deletion of a specific paragraph, and modifications to holiday time for the 2009 year. Furthermore, the court introduced a suspension of the father's time with the children on Mother's Day each year and suspended certain contact periods during school holidays. The court also ordered that the children be delivered and returned at a specific public location and included a Fact Sheet detailing the obligations, consequences of contravention, and available assistance.
The court was tasked with determining whether to grant the father leave to withdraw his contravention application and, importantly, how to vary the existing parenting orders concerning the time the children spent with each parent. This included considering amendments to weekend and mid-week contact arrangements, the deletion of a specific provision, and adjustments to holiday time. The court also had to address the delivery and return of the children and the inclusion of specific information regarding the obligations and consequences of the orders.
Cronin J granted the father leave to withdraw his contravention application. The court then proceeded to vary the orders made on 1 October 2008, significantly altering the arrangements for the father's time with the children. These variations included changes to the commencement and duration of alternate weekend and mid-week contact, the deletion of a specific paragraph, and modifications to holiday time for the 2009 year. Furthermore, the court introduced a suspension of the father's time with the children on Mother's Day each year and suspended certain contact periods during school holidays. The court also ordered that the children be delivered and returned at a specific public location and included a Fact Sheet detailing the obligations, consequences of contravention, and available assistance.
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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Injunction
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Remedies
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Procedural Fairness
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Appeal
Actions
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Citations
Tardell and Morrisset [2009] FamCA 372
Cases Citing This Decision
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Statutory Material Cited
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