Wilkinson and Fanning
Case
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[2008] FamCA 1153
•12 December 2008
Details
AGLC
Case
Decision Date
Wilkinson and Fanning [2008] FamCA 1153
[2008] FamCA 1153
12 December 2008
CaseChat Overview and Summary
In the District Court of South Australia, the dispute concerned parenting arrangements for a child, involving the father and the Chief Executive of the Office of Children, Youth and Family Support, with the Independent Children's Lawyer also participating. The court was tasked with determining the terms upon which the child would spend time with her father.
The central legal issue before the court was how to facilitate supervised time between the child and the father, considering the need for professional supervision and the availability of such services. The court also had to consider the role and potential intervention of the Chief Executive in the proceedings and the broader context of cooperative activity under the Children and Young People Act 2008.
Faulks DCJ ordered that the child would spend time with her father for two hours each fortnight, contingent upon the establishment and approval of professionally supervised arrangements by the Independent Children's Lawyer. The court noted the Chief Executive's offer to assist in locating supervision services, though not financially. The timing and days of supervised contact would largely depend on the supervisory institution's availability, with liberty to apply for significant difficulties. The principal proceedings were adjourned to allow the Chief Executive to communicate her stance on intervention or other proceedings, with a view to final addresses on 30 January 2009 if the Chief Executive did not initiate her own proceedings.
The central legal issue before the court was how to facilitate supervised time between the child and the father, considering the need for professional supervision and the availability of such services. The court also had to consider the role and potential intervention of the Chief Executive in the proceedings and the broader context of cooperative activity under the Children and Young People Act 2008.
Faulks DCJ ordered that the child would spend time with her father for two hours each fortnight, contingent upon the establishment and approval of professionally supervised arrangements by the Independent Children's Lawyer. The court noted the Chief Executive's offer to assist in locating supervision services, though not financially. The timing and days of supervised contact would largely depend on the supervisory institution's availability, with liberty to apply for significant difficulties. The principal proceedings were adjourned to allow the Chief Executive to communicate her stance on intervention or other proceedings, with a view to final addresses on 30 January 2009 if the Chief Executive did not initiate her own proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Natural Justice
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Procedural Fairness
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Jurisdiction
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Remedies
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Standing
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Citations
Wilkinson and Fanning [2008] FamCA 1153
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