ALLENBY & ALLENBY
Case
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[2012] FamCA 1083
•21 December 2012
Details
AGLC
Case
Decision Date
ALLENBY & ALLENBY [2012] FamCA 1083
[2012] FamCA 1083
21 December 2012
CaseChat Overview and Summary
In the matter of ALLENBY & ALLENBY, Benjamin J of the Family Court of Australia made orders concerning the parenting of a child born in May 2009, and the mother, Ms Allenby, and the father, Mr Allenby. The dispute involved the arrangements for the child's living situation, parental responsibility, communication between the parents and the child, and injunctive relief.
The court was required to determine the primary living arrangements for the child, the allocation of parental responsibility, the extent of communication and information sharing between the parents regarding the child's welfare, and the conditions under which the father could communicate with the child. Additionally, the court considered the need for injunctive orders to protect the mother and the child, and the consequences of contravening the orders made.
Benjamin J ordered that the child live with the mother and that the mother have sole parental responsibility. The father was to be kept informed of major issues concerning the child's education, health, welfare, and development, and was permitted limited communication with the child's schools. The father and his family could send letters and presents to the child, subject to the mother's right to withhold material on reasonable grounds. Crucially, the father was restrained from spending any time with or further communicating with the child except by agreement or court order. The court also imposed significant injunctive orders restraining the father from approaching within 100 meters of the mother's residence, place of employment, and the child's educational facilities. The orders incorporated a fact sheet detailing obligations, consequences of contravention, and assistance for compliance, pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth).
The court was required to determine the primary living arrangements for the child, the allocation of parental responsibility, the extent of communication and information sharing between the parents regarding the child's welfare, and the conditions under which the father could communicate with the child. Additionally, the court considered the need for injunctive orders to protect the mother and the child, and the consequences of contravening the orders made.
Benjamin J ordered that the child live with the mother and that the mother have sole parental responsibility. The father was to be kept informed of major issues concerning the child's education, health, welfare, and development, and was permitted limited communication with the child's schools. The father and his family could send letters and presents to the child, subject to the mother's right to withhold material on reasonable grounds. Crucially, the father was restrained from spending any time with or further communicating with the child except by agreement or court order. The court also imposed significant injunctive orders restraining the father from approaching within 100 meters of the mother's residence, place of employment, and the child's educational facilities. The orders incorporated a fact sheet detailing obligations, consequences of contravention, and assistance for compliance, pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Costs
Actions
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Citations
ALLENBY & ALLENBY [2012] FamCA 1083
Cases Citing This Decision
0
Cases Cited
10
Statutory Material Cited
1
Heath & Hemming (No 2)
[2011] FamCA 749
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Taylor & Barker
[2007] FamCA 1246