Carnegie and Anor and Casey

Case

[2015] FamCA 1034

25 November 2015


Details
AGLC Case Decision Date
Carnegie and Anor and Casey [2015] FamCA 1034 [2015] FamCA 1034 25 November 2015

CaseChat Overview and Summary

This matter concerned an application for final parenting orders in the Federal Circuit and Family Court of Australia, before Foster J. The dispute involved the arrangements for a child born in 2004, with applications brought by Ms Carnegie and Mr Carnegie (referred to as "the Cousins") and Ms B ("the Mother"), and Mr Casey ("the Father").

The court was required to determine the nature of parental responsibility for the child, where the child would live, and the extent of time the child would spend with each of the Mother and the Father. Further issues included the practical arrangements for the child's time with each parent, communication between the Father and the child, and orders to protect the child and the Cousins from the Father.

Foster J made orders for equal shared parental responsibility, with the child to live with the Cousins. The child was to spend time with the Mother and the Father under circumstances to be agreed between the parties, with specific provisions for the Father's time including supervised contact on two occasions per year and a prohibition on the Father approaching the Cousins' residence or the child's school. The court also made orders restraining criticism of other parties in the child's presence and requiring parties to inform each other of residential addresses.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

1

Carnegie and Casey and Anor [2011] FamCA 748
Donnell & Dovey [2010] FamCAFC 15
Aldridge & Keaton [2009] FamCAFC 229