TAVENER & DEICHMANN
Case
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[2013] FamCA 319
•3 May 2013
Details
AGLC
Case
Decision Date
TAVENER & DEICHMANN
[2013] FamCA 319
[2013] FamCA 319
3 May 2013
CaseChat Overview and Summary
In the matter of *Tavener & Deichmann*, heard before Dawe J, the dispute concerned the living arrangements for two children, M and B. The mother had failed to provide undertakings regarding her residential address and the residential addresses of the children and a Mr C, and had also failed to attend appointments with a Family Consultant.
The court was required to determine the immediate living arrangements for the children, the conditions under which they would be returned to the mother's care, and the mother's compliance with existing court orders, including those relating to the provision of particulars concerning Mr C's release and her attendance for a family report.
Dawe J ordered that the children remain with the father until the mother provided a written undertaking to the father's solicitors and the Independent Children's Lawyer confirming her current residential address, the children's current residential address, and Mr C's current residential address. This undertaking was also to include a commitment not to change these addresses without prior notification. Upon receipt of this undertaking, the children were to be returned to the mother's care by 6:00 pm the following day, with existing orders to remain in place thereafter. The mother was further directed to attend all appointments and make arrangements requested by the Family Consultant to facilitate the completion of the family report before the trial. The mother was also ordered to file and serve any Response and affidavit by 4:00 pm on 13 May 2013, which was to include an explanation for her failure to attend upon the Family Consultant and her alleged failure to comply with court orders concerning Mr C's release. Further consideration of the matter was adjourned.
The court was required to determine the immediate living arrangements for the children, the conditions under which they would be returned to the mother's care, and the mother's compliance with existing court orders, including those relating to the provision of particulars concerning Mr C's release and her attendance for a family report.
Dawe J ordered that the children remain with the father until the mother provided a written undertaking to the father's solicitors and the Independent Children's Lawyer confirming her current residential address, the children's current residential address, and Mr C's current residential address. This undertaking was also to include a commitment not to change these addresses without prior notification. Upon receipt of this undertaking, the children were to be returned to the mother's care by 6:00 pm the following day, with existing orders to remain in place thereafter. The mother was further directed to attend all appointments and make arrangements requested by the Family Consultant to facilitate the completion of the family report before the trial. The mother was also ordered to file and serve any Response and affidavit by 4:00 pm on 13 May 2013, which was to include an explanation for her failure to attend upon the Family Consultant and her alleged failure to comply with court orders concerning Mr C's release. Further consideration of the matter was adjourned.
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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Jurisdiction
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Procedural Fairness
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Remedies
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Discovery
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Costs
Actions
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Citations
TAVENER & DEICHMANN
[2013] FamCA 319
Cases Citing This Decision
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Statutory Material Cited
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