WEBBER & WEBBER

Case

[2014] FCCA 2164

29 August 2014


Details
AGLC Case Decision Date
WEBBER & WEBBER [2014] FCCA 2164 [2014] FCCA 2164 29 August 2014

CaseChat Overview and Summary

This matter concerned parenting orders for the child X, born in 2003, between the Mother and the Father. The proceedings were before Judge Altobelli.

The court was required to determine the terms of interim parenting orders, including the allocation of parental responsibility, the child's living arrangements, and the nature and extent of the child's contact with each parent. Additionally, the court needed to consider the appointment of an expert to report on the child's welfare and the matters relevant to the parenting dispute.

The court made orders suspending all previous parenting orders pending further order. It granted the Mother sole parental responsibility for the child, except for proposals concerning the child's name change and relocation, in relation to which both parents were to have equal shared responsibility. The child was ordered to live with the Mother, with the child's time and communication with the Father suspended. The Father was also restrained from attending school or extra-curricular activities involving the child and from approaching within 100 metres of the Mother's residence or the child's school. The court further ordered the appointment of a single expert witness, Dr K, to report on the child's welfare, or alternatively, a Family Consultant if legal aid for Dr K was not secured, with both reports to consider a comprehensive list of factors relating to the child's best interests, the parents' capacities, and the nature of their relationship. The matter was adjourned for mention and listed for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Expert Evidence

  • Costs

  • Procedural Fairness

  • Appeal

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346