YORKE & JOSELAND

Case

[2015] FamCA 399

19 May 2015


Details
AGLC Case Decision Date
YORKE & JOSELAND [2015] FamCA 399 [2015] FamCA 399 19 May 2015

CaseChat Overview and Summary

In the matter of *YORKE & JOSELAND*, Dawe J of the Federal Circuit Court of Australia considered an application concerning the parenting arrangements for two children, B and D. The proceedings involved a dispute between the parents regarding the time the father would spend with the children.

The court was required to determine the specific orders for the children's time with each parent, particularly in light of an upcoming trial. A key issue was the need for independent representation for the children and the preparation of an updated family assessment report.

Dawe J made orders by consent regarding the father's time with child B for specific periods in July 2015, and also ordered that the father spend time with child B on alternate weekends during school terms. The court further ordered that children D and B be independently represented pursuant to section 68L of the *Family Law Act 1975* (Cth), with arrangements to be made by the Legal Services Commission of South Australia. Directions were also given for the referral of final application proceedings to await trial allocation, with adjourned trial directions to be made by the Docket Registrar. These directions were to include the preparation of an updated family assessment report. The mother's application filed on 30 October 2014 was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Appeal

  • Procedural Fairness

  • Remedies

  • Costs

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