Thoma and Wykes (No. 2)

Case

[2007] FamCA 1615

7 December 2007


Details
AGLC Case Decision Date
Thoma and Wykes (No. 2) [2007] FamCA 1615 [2007] FamCA 1615 7 December 2007

CaseChat Overview and Summary

In *Thoma and Wykes (No. 2)*, Dessau J of the Federal Magistrates' Court of Australia made orders concerning the parenting arrangements for the child R, born in April 2001. The proceedings involved the Mother and the Father, with the Independent Children's Lawyer also playing a role. The core of the dispute revolved around the child spending time with the Father and the communication and co-parenting relationship between the Mother and Father.

The court was required to determine the specific arrangements for the child's time with each parent, including the nature and duration of contact, and to establish orders that would facilitate the reintroduction of the child to spending time with the Father. Further issues included the improvement of communication between the parents, assistance with the implementation of court orders, and addressing specific holiday arrangements. The court also considered the role of family therapy and the Independent Children's Lawyer in the proceedings.

Dessau J ordered that the Mother, Father, and child R attend family therapy with a Mr D, with the costs to be shared equally by the parents up to a specified limit. The therapy was directed towards reintroducing the child to the Father, improving parental communication, assisting with the implementation of orders, and addressing Christmas holiday time. The court also made detailed orders regarding shared parental responsibility, the child living with the Mother, and a phased approach to the child spending time with the Father, commencing with directed time and progressing to more regular weekend and holiday arrangements. The court also imposed restraints on the parents regarding denigrating each other and audio or video taping, and stipulated that further proceedings under the *Family Law Act* would require leave of the court. The Independent Children's Lawyer's role was discharged from a specified date.

The court discharged all previous orders and dismissed extant applications, with no order as to costs. The orders were made with a view to the family therapy leading to a resumption of time between the child and the Father, and the court noted that the Mother conceded that the evidence would not sustain a finding against the Father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Injunction

  • Jurisdiction

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