Tomey and Anders

Case

[2007] FamCA 1012

24 August 2007


Details
AGLC Case Decision Date
Tomey and Anders [2007] FamCA 1012 [2007] FamCA 1012 24 August 2007

CaseChat Overview and Summary

In the matter of *Tomey and Anders*, heard before Brown J, the dispute concerned parenting orders previously made by the Magistrates’ Court of Victoria at Geelong on 12 October 2005. The proceedings involved the father and mother of three children, [J], [T], and [B].

The central legal issues before the court were the terms of the father's time with and communication with the children, and the role of the independent children's lawyer. The court was also required to consider the implications of a notice of discontinuance filed by the father.

Brown J discharged paragraph (3) of the previous Magistrates’ Court orders, which likely related to specific parenting arrangements or the role of the independent children's lawyer. The court then ordered that the father's time with and communication with the children be as agreed between the parties. The independent children's lawyer was discharged forthwith. The court also made orders regarding the service of its orders on the husband and the dismissal of all extant applications, effectively bringing the proceedings to a close. The court further noted that the particulars of the obligations and consequences of these orders, as set out in an attached Fact Sheet, were incorporated pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Procedural Fairness

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