Wold and Kleppir (No 2)

Case

[2010] FamCA 805

27 August 2010


Details
AGLC Case Decision Date
Wold and Kleppir (No 2) [2010] FamCA 805 [2010] FamCA 805 27 August 2010

CaseChat Overview and Summary

In the matter of *Wold and Kleppir (No 2)*, Barry J considered applications concerning parenting orders and contraventions. The proceedings involved a father and a mother, with the court addressing issues related to the children's education and contraventions of previous orders.

The court was required to determine whether the father had contravened three specific orders as alleged in his application filed on 11 February 2010. Additionally, the court considered the mother's application filed on 19 August 2010 to vary existing orders dated 27 October 2009. The court also had to decide on the educational arrangements for the children, J and L, for the commencement of the 2011 school term.

Barry J granted leave for all parties to inspect subpoenaed documentation from the Department of Communities (Child Safety Services), with restrictions on copying. The reasons for judgment regarding the three contraventions and any consequential penalty against the mother were adjourned. The court made an order that if the children were not enrolled at R School for the 2011 term, or another mutually agreed school, the father would have sole discretion regarding their education and was to enrol them at R School. The mother's application to vary the October 2009 orders was also adjourned. Finally, pursuant to sections 62B and 65DA(2) of the relevant legislation, the court ordered that a document detailing the obligations, consequences of contravention, and assistance available for compliance be annexed to the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Penalty

  • Procedural Fairness

  • Remedies

  • Costs

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