Asquith and Asquith
Case
•
[2017] FCCA 580
•28 March 2017
Details
AGLC
Case
Decision Date
Asquith and Asquith [2017] FCCA 580
[2017] FCCA 580
28 March 2017
CaseChat Overview and Summary
In the matter of *Asquith and Asquith*, heard by Judge Neville, the dispute concerned the parenting arrangements for the three children of the marriage. The orders indicate a significant conflict between the parents, leading to a determination of the children's living arrangements and the extent of each parent's involvement.
The court was required to determine the primary caregiver for the children and the nature and extent of contact, if any, the Father would have with them. Furthermore, the court needed to consider the necessity of protective orders to ensure the safety and well-being of the children and the Mother.
Judge Neville ordered that the Mother have sole parental responsibility for the children, and that they live with her. Crucially, the Father was ordered to have no contact with the children. In addition, the Father was restrained, pursuant to section 68B of the *Family Law Act 1975* (Cth), from approaching within 100 metres of any school the children might attend, or otherwise approaching within 100 metres of the Mother or the children. The orders also included provisions for information regarding family counselling and dispute resolution services, and detailed the consequences of contravening the orders, as set out in attached Fact Sheets. All other outstanding applications were dismissed.
The court was required to determine the primary caregiver for the children and the nature and extent of contact, if any, the Father would have with them. Furthermore, the court needed to consider the necessity of protective orders to ensure the safety and well-being of the children and the Mother.
Judge Neville ordered that the Mother have sole parental responsibility for the children, and that they live with her. Crucially, the Father was ordered to have no contact with the children. In addition, the Father was restrained, pursuant to section 68B of the *Family Law Act 1975* (Cth), from approaching within 100 metres of any school the children might attend, or otherwise approaching within 100 metres of the Mother or the children. The orders also included provisions for information regarding family counselling and dispute resolution services, and detailed the consequences of contravening the orders, as set out in attached Fact Sheets. All other outstanding applications were dismissed.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Jurisdiction
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Asquith and Asquith [2017] FCCA 580
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Mulvany v Lane
[2009] FamCAFC 76
Malburon & Waldlow
[2013] FamCAFC 191
M v M
[1988] HCA 68