Bell and Bell

Case

[2017] FCCA 173

3 February 2017


Details
AGLC Case Decision Date
Bell and Bell [2017] FCCA 173 [2017] FCCA 173 3 February 2017

CaseChat Overview and Summary

In the matter of *Bell and Bell*, heard before Judge Small, the dispute concerned parenting orders for a child born in 2003. The previous parenting orders were discharged, and the court was required to determine the future arrangements for the child's care, responsibility, and contact with both parents.

The central legal issues before the court were: (1) the allocation of parental responsibility for the child; (2) the child's living arrangements; (3) the nature and extent of the child's time and communication with the father; and (4) the imposition of injunctions to regulate the conduct of both parents in relation to the child and each other.

Judge Small ordered that the mother have sole parental responsibility and that the child live with her. Contact between the child and the father was significantly restricted, to occur only at the child's instigation and in accordance with the child's wishes. The father was permitted limited communication through cards and letters, and specific provisions were made for the father to receive school and medical information about the child. Crucially, injunctions were imposed on the mother to prevent her from denigrating the father or discussing parenting disputes in the child's presence, and on the father from contacting the mother or child except in limited circumstances. The court noted that the obligations and consequences of contravening these orders were detailed in an annexure pursuant to the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Most Recent Citation
Kedves and Segal [2020] FCCA 67

Cases Citing This Decision

1

KEDVES & SEGAL [2020] FCCA 67
Cases Cited

1

Statutory Material Cited

2

KEDVES & SEGAL [2020] FCCA 67
KEDVES & SEGAL [2020] FCCA 67