Wilton and Leary and Anor

Case

[2016] FamCA 1168

5 December 2016


Details
AGLC Case Decision Date
Wilton and Leary and Anor [2016] FamCA 1168 [2016] FamCA 1168 5 December 2016

CaseChat Overview and Summary

In the matter of *Wilton and Leary and Anor*, Justice Loughnan of the Federal Circuit Court of Australia considered an application concerning the implementation of existing parenting orders. The dispute involved the father's obligations regarding the delivery and pick-up of a child, B, for contact with the maternal grandparents, and the specific dates for this contact.

The court was required to determine the precise arrangements for the child's handover to and from the maternal grandparents, specifying the location and dates for this contact. Additionally, the court addressed the need for independent representation for the child, B, and the process for facilitating this.

Justice Loughnan ordered that for the purposes of implementing a prior order, the father was to deliver the child to a specified address, being the residence of the maternal grandfather's sister, Ms M Leary, and collect the child at the conclusion of her time with the maternal grandparents each day. The dates for this contact were fixed as 16, 17, and 18 January 2017. The court also noted an impending application for expedition of proceedings and directed that the child, B, be represented, requesting the Legal Aid Commission to make arrangements for this representation promptly. The Registry was ordered to notify the Commission, and parties were to provide all relevant documents to Legal Aid. Finally, the court acknowledged the child's current travel and age, suggesting that any request by her lawyer to speak with her might initially be considered via electronic means.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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