Veitch and Leslie

Case

[2016] FCCA 844

10 February 2016


Details
AGLC Case Decision Date
Veitch and Leslie [2016] FCCA 844 [2016] FCCA 844 10 February 2016

CaseChat Overview and Summary

This matter came before Judge Brown concerning the welfare and best interests of children X and Y. The proceedings involved the re-appointment of an Independent Children’s Lawyer to represent the children's interests and the preparation of a family report. The court also made orders regarding the children's living arrangements and time spent with each parent, particularly around the Easter period and subsequent school holidays.

The court was required to determine the urgent re-appointment of an Independent Children’s Lawyer and to direct the preparation of a family report. The family report was to address specific matters including interviews with the parties and children, observed interactions, the children's views and the weight to be given to them, and the relevant considerations under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975* (Cth), as well as any other matters deemed important for the children's welfare. Furthermore, the court needed to establish interim arrangements for the children's residence and time with each parent.

In reaching its decision, the court exercised its powers under sections 68L and 62G(2) of the *Family Law Act 1975* (Cth). It ordered the urgent re-appointment of an Independent Children’s Lawyer and directed the parties to attend upon a Regulation 7 practitioner for the preparation of a family report. The court also made detailed orders concerning the children's time with each parent, including specific arrangements for the Easter weekend and subsequent periods, with provisions for the children to live with either parent depending on the mother's decision to return to a particular area. The court also set a final hearing date and established timelines for the filing of affidavit evidence.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Injunction

  • Remedies

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Most Recent Citation
VEITCH & LESLIE [2017] FCCA 106

Cases Citing This Decision

1

VEITCH & LESLIE [2017] FCCA 106
Cases Cited

1

Statutory Material Cited

2

Morgan v Miles [2007] FamCA 1230