Whitman and Burr
Case
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[2010] FamCA 128
•10 February 2010
Details
AGLC
Case
Decision Date
Whitman and Burr [2010] FamCA 128
[2010] FamCA 128
10 February 2010
CaseChat Overview and Summary
The proceedings involved a dispute between the mother and the father concerning their child, D, born in December 1997. The matter came before Murphy J of the Family Court of Australia.
The central legal issue before the court was the immediate care and location of the child, D, and the mother's obligations in relation to the child's delivery to specific locations at particular times. The court was required to determine the terms of interim orders governing the child's movements and the mother's responsibilities.
Murphy J made orders requiring the mother to deliver the child to H School immediately upon the conclusion of the proceedings. Furthermore, the mother was prohibited from removing the child from the school, except for the purpose of delivering the child to the Child Dispute Services of the Family Court of Australia at the conclusion of school on that day. The mother was also specifically ordered to arrange for the child's delivery to the Child Dispute Services by 4:45 pm on 10 February 2010.
The central legal issue before the court was the immediate care and location of the child, D, and the mother's obligations in relation to the child's delivery to specific locations at particular times. The court was required to determine the terms of interim orders governing the child's movements and the mother's responsibilities.
Murphy J made orders requiring the mother to deliver the child to H School immediately upon the conclusion of the proceedings. Furthermore, the mother was prohibited from removing the child from the school, except for the purpose of delivering the child to the Child Dispute Services of the Family Court of Australia at the conclusion of school on that day. The mother was also specifically ordered to arrange for the child's delivery to the Child Dispute Services by 4:45 pm on 10 February 2010.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Whitman and Burr [2010] FamCA 128
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