Yargis and Hope
Case
•
[2007] FamCA 1379
•22 November 2007
Details
AGLC
Case
Decision Date
Yargis and Hope [2007] FamCA 1379
[2007] FamCA 1379
22 November 2007
CaseChat Overview and Summary
This matter concerned an application for a stay of certain orders made on 22 August 2007, pending the hearing of the father's appeal. The parties involved were the father and the mother, and the application was heard by Moore J.
The primary legal issue before the court was whether to grant a stay of specific orders concerning the children's time with their mother, pending the father's appeal. The court was also required to consider an application to dismiss a stay of other orders.
Moore J ordered a stay of orders 3(b) to (f) made on 22 August 2007, pending the father's appeal. However, order 3(a) was varied to specify that pending the appeal, the children would spend time with their mother each Saturday for four hours at agreed times, to be supervised at a contact service, with the costs of supervision to be borne by the mother. The application to dismiss a stay of orders 1 and 2 and 4 to 15 inclusive made on 22 August 2007 was dismissed.
The primary legal issue before the court was whether to grant a stay of specific orders concerning the children's time with their mother, pending the father's appeal. The court was also required to consider an application to dismiss a stay of other orders.
Moore J ordered a stay of orders 3(b) to (f) made on 22 August 2007, pending the father's appeal. However, order 3(a) was varied to specify that pending the appeal, the children would spend time with their mother each Saturday for four hours at agreed times, to be supervised at a contact service, with the costs of supervision to be borne by the mother. The application to dismiss a stay of orders 1 and 2 and 4 to 15 inclusive made on 22 August 2007 was dismissed.
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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Stay of Proceedings
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Costs
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Jurisdiction
Actions
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Citations
Yargis and Hope [2007] FamCA 1379
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