CHADWICK & CHADWICK

Case

[2014] FamCA 767

11 August 2014


Details
AGLC Case Decision Date
CHADWICK & CHADWICK [2014] FamCA 767 [2014] FamCA 767 11 August 2014

CaseChat Overview and Summary

In the matter of *CHADWICK & CHADWICK*, Hogan J considered parenting orders concerning two children, B and C. The dispute involved the allocation of parental responsibility, the children's living arrangements, and the extent of the father's contact with the children and mother.

The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of sole parental responsibility, the children's residence, the nature and extent of time the children would spend with each parent, and the circumstances under which the father could have contact with the children and mother. Further, the court had to consider whether to grant an injunction to restrain the father's conduct and make provision for international travel and passport applications.

Hogan J discharged all previous parenting orders and made new final orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with her. The father was significantly restricted in his contact, with the children to spend no time with him other than by written agreement. The mother was permitted to travel internationally with the children for holidays. Crucially, an injunction was issued restraining the father from approaching or remaining within 500 metres of the children's or mother's residences, places of education, or the mother's place of employment, and from contacting, following, or approaching the children and mother, except for the limited purpose of providing his email address. The court also made provision for a Registrar to sign documents for passport applications if the father failed to do so.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Mickelberg v The Queen [1989] HCA 35
Allesch v Maunz [2000] HCA 40