Terril and Van Cortlandt
Case
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[2009] FamCA 585
•16 February 2009
Details
AGLC
Case
Decision Date
Terril and Van Cortlandt [2009] FamCA 585
[2009] FamCA 585
16 February 2009
CaseChat Overview and Summary
In *Terril and Van Cortlandt*, heard by Bennett J of the Family Court of Australia, the dispute concerned parenting arrangements for two children, C and G. The court was required to determine the nature of parental responsibility, the children's living arrangements, the extent of the mother's time with the children, and crucially, the extent to which the children should have contact with the mother's son, S.
The court made orders for equal shared parental responsibility for C and G, with the children to live with the father. The mother was granted significant time with the children on alternate weekends and on Tuesday and Thursday evenings during school terms, with further time to be agreed upon during school holidays and special days. A key aspect of the orders was a specific restraint placed upon the mother, prohibiting her from allowing the children to come into contact with her son, S, or to remain in his presence when they are in her care. However, the court also provided that the children could spend time with S as agreed by the parties.
To facilitate compliance with these parenting orders, the court ordered the appointment of a supervising counsellor from Child Dispute Services for a period of two years. This counsellor would assist both parties in complying with the orders, with reporting to be at the discretion of the counsellor or upon further court application. The court also noted that supervision of time between the children and S, by the father or another nominee, was a matter for discussion with the supervising counsellor. The court further clarified that both parents were at liberty to obtain school reports and attend school functions. All extant applications were dismissed, and the matter was removed from the list of matters awaiting finalisation.
The court made orders for equal shared parental responsibility for C and G, with the children to live with the father. The mother was granted significant time with the children on alternate weekends and on Tuesday and Thursday evenings during school terms, with further time to be agreed upon during school holidays and special days. A key aspect of the orders was a specific restraint placed upon the mother, prohibiting her from allowing the children to come into contact with her son, S, or to remain in his presence when they are in her care. However, the court also provided that the children could spend time with S as agreed by the parties.
To facilitate compliance with these parenting orders, the court ordered the appointment of a supervising counsellor from Child Dispute Services for a period of two years. This counsellor would assist both parties in complying with the orders, with reporting to be at the discretion of the counsellor or upon further court application. The court also noted that supervision of time between the children and S, by the father or another nominee, was a matter for discussion with the supervising counsellor. The court further clarified that both parents were at liberty to obtain school reports and attend school functions. All extant applications were dismissed, and the matter was removed from the list of matters awaiting finalisation.
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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Remedies
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Procedural Fairness
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Costs
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Injunction
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