Charles and Mensah (No 2)
Case
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[2011] FamCA 915
•28 November 2011
Details
AGLC
Case
Decision Date
Charles and Mensah (No 2) [2011] FamCA 915
[2011] FamCA 915
28 November 2011
CaseChat Overview and Summary
In the matter of *Charles and Mensah (No 2)*, Dessau J of the Family Court of Australia considered orders relating to the parenting of a child, J Charles. The proceedings involved the husband, Mr Charles, and the wife, Ms Mensah, and concerned arrangements for the child's time with the husband, as well as injunctions and other directives aimed at ensuring the child's welfare and preventing their removal from Australia.
The court was required to determine the specific terms of the husband's time with the child, including the frequency, duration, and location of changeovers, particularly in light of potential closures of contact centres. Further issues included the continuation of existing injunctions restraining the husband from contacting certain individuals and preventing the child's removal from Australia. The court also addressed the need for mediation, the preparation of an updated Family Report, and the exchange of information regarding the child's daily care.
Dessau J discharged previous orders and made new orders regarding the husband's time with the child, specifying Saturday and Friday contact, and outlining arrangements for Boxing Day and New Year's Eve, including the use of a police station for changeovers and the involvement of an agency to facilitate these. Injunctions were continued, notably one preventing the child's removal from Australia, with specific directions for the child's name to be placed on an airport watch list. The court also ordered the husband and wife to attend mediation and for an updated Family Report to be prepared, unless otherwise agreed. The parents were directed to use a communication book for daily care details, and certain applications were dismissed.
The court was required to determine the specific terms of the husband's time with the child, including the frequency, duration, and location of changeovers, particularly in light of potential closures of contact centres. Further issues included the continuation of existing injunctions restraining the husband from contacting certain individuals and preventing the child's removal from Australia. The court also addressed the need for mediation, the preparation of an updated Family Report, and the exchange of information regarding the child's daily care.
Dessau J discharged previous orders and made new orders regarding the husband's time with the child, specifying Saturday and Friday contact, and outlining arrangements for Boxing Day and New Year's Eve, including the use of a police station for changeovers and the involvement of an agency to facilitate these. Injunctions were continued, notably one preventing the child's removal from Australia, with specific directions for the child's name to be placed on an airport watch list. The court also ordered the husband and wife to attend mediation and for an updated Family Report to be prepared, unless otherwise agreed. The parents were directed to use a communication book for daily care details, and certain 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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Costs
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Remedies
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Procedural Fairness
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Jurisdiction
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