Cardus & Lavrick

Case

[2020] FamCA 579

17 August 2020


Details
AGLC Case Decision Date
Cardus & Lavrick [2020] FamCA 579 [2020] FamCA 579 17 August 2020

CaseChat Overview and Summary

In the matter of *Cardus & Lavrick*, McEvoy J of the Family Court of Australia determined parenting orders concerning the child, X. The dispute involved the mother, Ms Lavrick, and the father, Mr Cardus, regarding the future care and contact arrangements for their child.

The court was required to determine a range of issues concerning the child's welfare, including the allocation of parental responsibility, the child's living arrangements, and the extent of contact, if any, between the child and the father. The court also considered the need for protective orders to prevent unwanted contact and the father's ability to make future applications concerning the child.

McEvoy J made extensive orders, discharging all previous parenting orders. The court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child have no contact with the father. The father was also restrained from contacting the mother or the child by any means and prohibited from attending at the child's home, school, or extracurricular activities. While significantly restricting direct contact, the orders permitted limited indirect communication, such as the father sending letters or cards via a third party, and the mother providing the father with a photograph of the child annually. The court also addressed passport and visa matters, discharged previous travel restrictions, and requested the Australian Federal Police remove the child from the Airport Watch List. Furthermore, the father was restrained from making future applications under Part VII of the *Family Law Act 1975* (Cth) without first obtaining leave of the court.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

4

Bendon & Bendon [2021] FamCA 396
Cardus and Lavrick (No 2) [2020] FamCA 1103
Nellums & Clemen (No 2) [2022] FedCFamC1F 801
Cases Cited

20

Statutory Material Cited

7

Fox v Percy [2003] HCA 22
Fox v Percy [2003] HCA 22
Taylor & Barker [2007] FamCA 1246