Viney and Riley

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Most Recent Citation
Aiden and Grant [2016] FamCA 861

Cases Citing This Decision

1

Aiden and Grant [2016] FamCA 861
Cases Cited

4

Statutory Material Cited

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