Wallace and Wallace and Ors

Case

[2017] FamCA 60

9 February 2017


Details
AGLC Case Decision Date
Wallace and Wallace and Ors [2017] FamCA 60 [2017] FamCA 60 9 February 2017

CaseChat Overview and Summary

This matter concerned interim parenting arrangements for two children, C and D, born in 2008 and 2011 respectively. The proceedings were before Berman J in the Federal Circuit Court of Australia. The dispute involved the father, the mother, and the paternal grandparents, with the maternal grandparents having previously been granted leave to intervene.

The court was required to determine the interim living arrangements for the children and the specific time they would spend with the mother during an adjournment period. Further issues included the supervision of the mother's time with the children, the location of handovers, and the father's involvement in those handovers. The court also had to address the authority for payment of outstanding accounts for psychological services rendered to the children.

Berman J discharged previous orders made on 15 December 2016, including the intervention order for the maternal grandparents. The court then made detailed orders for the children to live with the paternal grandparents at all other times. During the adjournment, the children were to spend specific periods with the mother, with some of this time requiring supervision by the maternal grandparents. Handovers were to occur at a police station unless otherwise agreed, and the father was restrained from attending any handover, though he was permitted to assist the paternal grandparents with school transport. The mother was granted sole authority to arrange payment for psychological services from a trust account. The court adjourned further consideration of interim parenting issues to a specified date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Costs

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