Wall and Pearson

Case

[2016] FCCA 2654

17 October 2016


Details
AGLC Case Decision Date
Wall and Pearson [2016] FCCA 2654 [2016] FCCA 2654 17 October 2016

CaseChat Overview and Summary

This matter concerned an application before Judge Brown regarding the living arrangements and time spent between two children, X and Y, and their respective mothers, Ms Wall (the applicant) and Ms Pearson (the respondent). The dispute centred on establishing orders for the children's residence and contact.

The court was required to determine the primary residence of each child, X and Y, and to make orders for the time each child would spend with the other parent and sibling. Additionally, the court needed to consider the need for injunctions to prevent certain behaviours between the parents in the presence of the children, and the appointment of an Independent Children’s Lawyer to represent the children's interests.

In reaching its decision, the court made orders for the children to live with different mothers, with specific provisions for time spent together and with the non-resident parent. The court also issued injunctions restraining both Ms Wall and Ms Pearson from denigrating, harassing, abusing, or assaulting each other in the presence or hearing of the children, and from discussing the proceedings with the children or within their hearing. Furthermore, pursuant to section 68L of the *Family Law Act 1975*, the court ordered the appointment of an Independent Children’s Lawyer for both children. The matter was adjourned for further directions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Cited

2

Statutory Material Cited

2

Kazama & Britton [2013] FamCA 4
Russell & Russell & Anor [2009] FamCA 28