Waterford and Waterford

Case

[2008] FamCA 678

16 June 2008


Details
AGLC Case Decision Date
Waterford and Waterford [2008] FamCA 678 [2008] FamCA 678 16 June 2008

CaseChat Overview and Summary

This matter concerned an application by the Father and a cross-application by the Mother, heard by Barry J in the Family Court of Australia. The dispute revolved around parenting arrangements for two children, O and L, born in 2004 and 2005 respectively.

The court was required to determine the terms of supervised time for the Mother with the children and to set a trial date for the Father's application and the Mother's application for contravention. The court also needed to consider the process for approving supervisors for the Mother's time with the children and the disclosure of relevant reports.

Barry J ordered that the Mother would spend supervised time with the children at times to be mutually agreed or as previously ordered. This supervised time was to be overseen by a person approved by the Independent Children’s Lawyer, following an assessment of potential supervisors. The Father's application and the Mother's contravention application were listed for a two-day trial commencing on 1 October 2008. Directions were given for the filing and service of affidavits, proposed orders, and lists of documents by 29 August 2008. Leave was granted to the Independent Children’s Lawyer to issue subpoenas and to publish a psychological report to the Department of Child Safety and other assessors. The court also noted that the Father would continue to attend supervised visits with the children as arranged by the Department of Child Safety.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Discovery

  • Injunction

  • Jurisdiction

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