Wilton and Leary and Anor

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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