Veitch and Dempsey

Case

[2016] FamCA 365

6 May 2016


Details
AGLC Case Decision Date
Veitch and Dempsey [2016] FamCA 365 [2016] FamCA 365 6 May 2016

CaseChat Overview and Summary

This matter concerned applications made by the mother and father regarding their three children, B, C, and H. The dispute involved arrangements for the children's welfare, including assessments for autism, living arrangements, time spent with each parent, and psychological therapy. The court was required to make interim orders concerning these matters pending a final trial.

The court was tasked with determining the interim living arrangements for the children, the necessity and method of autism assessments for child B, and the arrangements for psychological assessment and therapy for child C and the mother. Further issues included the extent to which parents could independently seek medical or psychological appointments for the children, the children's living arrangements during school terms and holidays, and injunctions to prevent parental abuse, discussion of proceedings with the children, and the removal of the children from Australia.

Dawe J made several orders, including that both parents sign authorities for an autism assessment for child B at their equal expense. Child C was to live with the father pending trial, with the mother to spend time with C as agreed. Both parents were ordered to arrange and share the expense of psychological assessment and therapy for the mother and child C, with specific psychologists nominated. Injunctions were granted restraining both parents from taking the children to further psychological, psychiatric, counselling, or medical appointments without court order or mutual written agreement, except in medical emergencies. The children were to live with the parents on a week-about basis during term time and for half of each school holiday period, subject to the wishes of child C. Further injunctions prohibited parental abuse or denigration in the children's presence, discussion of proceedings with the children, the use of physical discipline, and the placement of children in care for more than one day per fortnight without agreement or the other parent's unavailability. Both parents were also restrained from removing the children from Australia without consent, and interstate travel required advance notice and an itinerary. All interim applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Procedural Fairness

  • Remedies

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