Breton & Breton

Case

[2020] FCCA 2608

8 September 2020


Details
AGLC Case Decision Date
Breton & Breton [2020] FCCA 2608 [2020] FCCA 2608 8 September 2020

CaseChat Overview and Summary

In this matter before Blake J, the mother sought interim orders for a change of residence for two of her three children. The family was described as high conflict, with allegations of the father making a threat to kill the mother and engaging in parental alienation. Concerns were also raised regarding the emotional and psychological well-being of the children in the father's care.

The court was required to determine the interim living arrangements for the three children, considering the allegations of threats, parental alienation, and the children's welfare. Specifically, the court had to decide which parent the children would live with and the nature of any contact the father would have with the children, particularly those who would reside with the mother.

Blake J ordered that two of the children, X (born 2008) and Y (born 2014), live with the mother, while the eldest child, Z (born 2005), would live with the father. The father was ordered to deliver X and Y to a child-minding service for supervised time with them, with the father to bear the sole cost of this supervised contact. Injunctions were also put in place to prevent the removal of any of the children from Australia, and the father was restrained from attending within 200 metres of the mother, X, or Y, except for the supervised contact. The parties were also directed to engage in therapeutic counselling and other recommended services.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Costs

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Cases Citing This Decision

1

Breton & Breton (No 2) [2023] FedCFamC2F 1157
Cases Cited

3

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Franklyn & Franklyn [2019] FamCAFC 256
Eaby & Speelman [2015] FamCAFC 104