Wilton and Leary and Anor
Case
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[2017] FamCA 221
•11 April 2017
Details
AGLC
Case
Decision Date
Wilton and Leary and Anor [2017] FamCA 221
[2017] FamCA 221
11 April 2017
CaseChat Overview and Summary
The case of *Wilton and Leary and Anor* concerned an application by a father regarding his child, B. The dispute involved the father's application filed on 29 March 2017, which was ultimately dismissed by Rees J. The court also made orders concerning the delivery of the child B to the grandparents.
The primary legal issue before the court was whether to grant the father's application filed on 29 March 2017. Relatedly, the court was required to determine the appropriate orders concerning the care and delivery of the child B to the grandparents, particularly in light of existing court orders made on 29 October 2013.
Rees J dismissed the father's application. The court ordered that the child B be delivered to the grandparents on 19 April 2017 at 10:00 am, and thereafter in accordance with the previous orders of the court. In the absence of agreement between the parties, the court stipulated that changeovers were to take place at a specific location, the McDonalds Family Restaurant on the corner of C and D Streets in Suburb E.
The primary legal issue before the court was whether to grant the father's application filed on 29 March 2017. Relatedly, the court was required to determine the appropriate orders concerning the care and delivery of the child B to the grandparents, particularly in light of existing court orders made on 29 October 2013.
Rees J dismissed the father's application. The court ordered that the child B be delivered to the grandparents on 19 April 2017 at 10:00 am, and thereafter in accordance with the previous orders of the court. In the absence of agreement between the parties, the court stipulated that changeovers were to take place at a specific location, the McDonalds Family Restaurant on the corner of C and D Streets in Suburb E.
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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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
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