Viney and Riley
Case
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[2016] FamCA 742
•30 August 2016
Details
AGLC
Case
Decision Date
Viney and Riley [2016] FamCA 742
[2016] FamCA 742
30 August 2016
CaseChat Overview and Summary
This matter came before Bennett J concerning parenting orders for a child, B. The father sought permission to withdraw a contravention application he had filed. The court was also required to determine the terms of the child's time with the father and the arrangements for supervision and changeovers.
The legal issues before the court included whether to permit the withdrawal of the father's contravention application, the specific terms of the child's time with the father, the identity and role of supervisors for that time, the location of changeovers, and the arrangements for obtaining a psychiatric report concerning the father, including the funding of that report. The court also considered the continued effect of existing orders and the inclusion of a fact sheet detailing the obligations and consequences of contravening the orders.
Bennett J permitted the father to withdraw his contravention application and discharged specific paragraphs of previous orders made by the Senior Registrar. The court then made new orders detailing the child's time with the father, which was to be supervised by nominated individuals who were required to provide undertakings to the court. Changeovers were to occur at a specific location with the supervisor present. The court also ordered the father to fund a psychiatric assessment of himself, with a provision for reimbursement from the mother's property interests. Liberty to apply was granted to the independent children's lawyer in specific circumstances, and until nominated supervisors were available, G Family Services would provide supervision at the father's cost. The court also directed the handling and inspection of communication books and other documents.
The legal issues before the court included whether to permit the withdrawal of the father's contravention application, the specific terms of the child's time with the father, the identity and role of supervisors for that time, the location of changeovers, and the arrangements for obtaining a psychiatric report concerning the father, including the funding of that report. The court also considered the continued effect of existing orders and the inclusion of a fact sheet detailing the obligations and consequences of contravening the orders.
Bennett J permitted the father to withdraw his contravention application and discharged specific paragraphs of previous orders made by the Senior Registrar. The court then made new orders detailing the child's time with the father, which was to be supervised by nominated individuals who were required to provide undertakings to the court. Changeovers were to occur at a specific location with the supervisor present. The court also ordered the father to fund a psychiatric assessment of himself, with a provision for reimbursement from the mother's property interests. Liberty to apply was granted to the independent children's lawyer in specific circumstances, and until nominated supervisors were available, G Family Services would provide supervision at the father's cost. The court also directed the handling and inspection of communication books and other documents.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
Viney and Riley [2016] FamCA 742
Most Recent Citation
Aiden and Grant [2016] FamCA 861
Cases Cited
4
Statutory Material Cited
0
Re F: Litigants in person guidelines
[2001] FamCA 348
Minogue v Human Rights and Equal Opportunity Commission
[1999] FCA 85
Re F: Litigants in person guidelines
[2001] FamCA 348