Carpenter and Carpenter

Case

[2016] FamCA 979

18 November 2016


Details
AGLC Case Decision Date
Carpenter and Carpenter [2016] FamCA 979 [2016] FamCA 979 18 November 2016

CaseChat Overview and Summary

In the matter of *Carpenter and Carpenter*, Carew J considered an application to vary an order made on 29 November 2012 concerning parenting arrangements for three children. The mother sought further orders, while the father sought to vary the existing restraints on the mother.

The central legal issues before the court were whether to impose further restraints on the mother's conduct concerning the children's schooling, her communication with specific third parties and their children, and her ability to involve authorities regarding the children. The court also had to determine the fate of the mother's amended response and reply concerning parenting orders, as well as outstanding applications and the appointment of an Independent Children's Lawyer.

Carew J varied the existing order by imposing new restraints on the mother. These included prohibiting her attendance at the children's school without the father's written consent, restricting her communication with Ms R Carpenter and her children unless consented to by the father and Ms R Carpenter, and preventing her from taking the children to the police or child safety services without the father's consent or a court order. The court dismissed the mother's amended response and reply, along with all outstanding applications. The appointment of the Independent Children's Lawyer was discharged. The court also directed that a fact sheet detailing the obligations, consequences of contravention, and support services be attached to the order, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Baghti & Baghti [2015] FamCAFC 71
Doherty & Doherty [2016] FamCAFC 182