Tomerford and Tomerford

Case

[2017] FamCA 1132

19 December 2017


Details
AGLC Case Decision Date
Tomerford and Tomerford [2017] FamCA 1132 [2017] FamCA 1132 19 December 2017

CaseChat Overview and Summary

In the matter of *Tomerford and Tomerford*, Cleary J made orders by consent concerning the arrangements for two children, B (born 2005) and C (born 2006). The dispute involved the suspension of certain previous consent orders relating to the children and the establishment of new contact arrangements.

The court was required to determine the terms of new consent orders that would suspend existing orders and implement revised contact arrangements for the father to spend time with the children. The specific legal issues revolved around the practical implementation of these new arrangements, including the enrolment and intake processes for contact centres, the frequency and duration of the father's time with the children, and provisions for situations where a child might be unwell.

The court's reasoning, as reflected in the orders made by consent, focused on establishing a structured framework for supervised contact. The orders suspended prior arrangements and mandated that both parents undertake the necessary steps to enrol in and complete the intake processes for designated contact centres. The father was to spend time with the children on alternate weekends for a minimum of two hours, with the specific times and dates being subject to the availability of the contact centres. The orders also included a specific provision for managing situations where one child is unwell, requiring the mother to facilitate contact for the well child and to provide a detailed medical certificate.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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