CHANEY & DANVILLE
Case
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[2020] FamCA 646
•11 August 2020
Details
AGLC
Case
Decision Date
CHANEY & DANVILLE [2020] FamCA 646
[2020] FamCA 646
11 August 2020
CaseChat Overview and Summary
In the matter of *Chaney & Danville*, Hartnett J of the Federal Circuit and Family Court of Australia made orders concerning the parenting of two children, X and Y. The dispute involved the father and the maternal grandmother, with the court ultimately discharging all previous parenting orders.
The court was required to determine the primary care arrangements for the children and the extent of the maternal grandmother's involvement, if any, in their lives. This included considering whether to grant sole parental responsibility to the father, where the children should live, and the nature and extent of any contact or communication between the children and the maternal grandmother. The court also had to consider injunctive relief to protect the children and the father.
Hartnett J ordered that the father have sole parental responsibility for the children and that they live with him. Crucially, the court ordered that the children have no time with, and no communication with, the maternal grandmother. To this end, the maternal grandmother and her agents were restrained by injunction from various actions, including contacting or approaching the children, attending their schools or medical appointments, attending the father's residence without consent, publishing material about the father or children online, and discussing the proceedings. The court also made orders restraining both parties from speaking derogatorily about each other or their family members in the children's presence. The appointment of an Independent Children's Lawyer was discharged, and all extant applications were dismissed.
The court was required to determine the primary care arrangements for the children and the extent of the maternal grandmother's involvement, if any, in their lives. This included considering whether to grant sole parental responsibility to the father, where the children should live, and the nature and extent of any contact or communication between the children and the maternal grandmother. The court also had to consider injunctive relief to protect the children and the father.
Hartnett J ordered that the father have sole parental responsibility for the children and that they live with him. Crucially, the court ordered that the children have no time with, and no communication with, the maternal grandmother. To this end, the maternal grandmother and her agents were restrained by injunction from various actions, including contacting or approaching the children, attending their schools or medical appointments, attending the father's residence without consent, publishing material about the father or children online, and discussing the proceedings. The court also made orders restraining both parties from speaking derogatorily about each other or their family members in the children's presence. The appointment of an Independent Children's Lawyer was discharged, and all extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Costs
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Jurisdiction
Actions
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Citations
CHANEY & DANVILLE [2020] FamCA 646
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Bell & Nahos
[2016] FamCAFC 244
Whisprun Pty Ltd v Dixon
[2003] HCA 48
Whisprun Pty Ltd v Dixon
[2003] HCA 48