Van Hoffen and Gratton and Anor
Case
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[2009] FamCA 925
•15 September 2009
Details
AGLC
Case
Decision Date
Van Hoffen and Gratton and Anor [2009] FamCA 925
[2009] FamCA 925
15 September 2009
CaseChat Overview and Summary
In the matter of *Van Hoffen and Gratton and Anor*, heard before Murphy J, the dispute concerned parenting orders relating to a child born in June 2003. The proceedings involved the child's mother, the child's father, and the child's paternal grandmother, Mrs Gratton.
The court was required to determine the terms of supervised time the paternal grandmother would spend with the child. Specifically, the court needed to establish the conditions under which these visits would occur, including their timing and relation to the father's existing supervised visits.
Murphy J ordered that the paternal grandmother, Mrs Gratton, would spend supervised time with the child on the same days and at the same times as the father's supervised visits, as previously ordered on 10 September 2009. In the event the father failed to attend his scheduled visits or if his time was suspended, the paternal grandmother would still spend supervised time with the child on those days and times, albeit in the father's absence. The mother and paternal grandmother were directed to take all necessary steps to implement these orders within 14 days. Furthermore, the court ordered that particulars of the obligations, potential consequences of contravention, and sources of assistance for compliance, as set out in an attached Fact Sheet, were to be included within the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
The court was required to determine the terms of supervised time the paternal grandmother would spend with the child. Specifically, the court needed to establish the conditions under which these visits would occur, including their timing and relation to the father's existing supervised visits.
Murphy J ordered that the paternal grandmother, Mrs Gratton, would spend supervised time with the child on the same days and at the same times as the father's supervised visits, as previously ordered on 10 September 2009. In the event the father failed to attend his scheduled visits or if his time was suspended, the paternal grandmother would still spend supervised time with the child on those days and times, albeit in the father's absence. The mother and paternal grandmother were directed to take all necessary steps to implement these orders within 14 days. Furthermore, the court ordered that particulars of the obligations, potential consequences of contravention, and sources of assistance for compliance, as set out in an attached Fact Sheet, were to be included within the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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