Tilley and Hambly

Case

[2013] FCCA 541

7 June 2013


Details
AGLC Case Decision Date
TILLEY & HAMBLY [2013] FCCA 541 [2013] FCCA 541 7 June 2013

CaseChat Overview and Summary

In the Federal Circuit Court of Australia at Brisbane, Judge Leanne Turner made orders concerning the living arrangements and time spent with a child, [X], born in 2012, between Ms Tilley and Ms Hambly. The dispute centred on the welfare and best interests of the child.

The court was required to determine where the child would live and the nature and extent of contact each party would have with the child. Further considerations included the conditions attached to the child's residence, the supervision of time spent with the child, and the arrangements for changeovers. The court also addressed the representation of the child in the proceedings.

The court ordered that the child live with Ms Hambly, subject to her residing at a specified refuge and attending all appointments with her treating psychiatrist. Ms Tilley was granted specific periods of time to spend with the child on weekends and weekdays. Additional provisions stipulated that if Ms Hambly returned to employment, Ms Tilley would have the option of spending time with the child during those work hours. During all such periods of time spent with the child, the child's grandparents, Mrs T or Mr T, were to be present. Changeovers were to occur at the grandparents' residence, and Ms Tilley was not to be present during these changeovers. The court also ordered that the child be represented in the proceedings, requesting Legal Aid Queensland to arrange such representation, and that an Independent Children’s Lawyer be appointed. The matter was adjourned for further consideration.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

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