Zarins & Mylne (No 4)

Case

[2013] FamCA 749

3 October 2013


Details
AGLC Case Decision Date
Zarins & Mylne (No 4) [2013] FamCA 749 [2013] FamCA 749 3 October 2013

CaseChat Overview and Summary

In *Zarins & Mylne (No 4)*, Berman J of the Family Court of Australia considered interim parenting orders concerning the time a child, B, born in 2007, would spend with the mother, and the mother's application for a certificate under section 128 of the *Evidence Act 1995* (Cth). The dispute involved the arrangements for the child's time with each parent and the mother's conduct in relation to the child's school.

The court was required to determine the best interests of the child in relation to interim time arrangements, specifically whether the child should spend time with the mother and, if so, on what terms. Additionally, the court had to consider whether to grant the mother a certificate under section 128 of the *Evidence Act 1995* (Cth) in respect of evidence she had provided in her trial affidavit.

Berman J made interim orders for the child to spend time with the mother on alternate weekends and for specified periods on alternate Thursdays. The court also made orders restraining the mother from permitting her own mother from attending at or approaching the child's school. Furthermore, the mother, father, and child were ordered to attend upon a Dr C for an updated Family Assessment Report. Crucially, the court granted the mother a certificate pursuant to section 128 of the *Evidence Act 1995* (Cth) in respect of the evidence given in her trial affidavit. The matter was adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Expert Evidence

  • Privilege

  • Remedies

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Cases Citing This Decision

1

Zarins and Mylne (No. 5) [2013] FamCA 1008
Cases Cited

3

Statutory Material Cited

2

Andrew & Delaine [2009] FamCAFC 182
Cornwell v R [2006] NSWCCA 116