Dantes and Handley

Case

[2008] FamCA 632

16 July 2008


Details
AGLC Case Decision Date
Dantes and Handley [2008] FamCA 632 [2008] FamCA 632 16 July 2008

CaseChat Overview and Summary

In the matter of *Dantes and Handley*, heard before Barry J of the Family Court of Australia, the dispute concerned interim family violence orders sought by the mother against the father. The mother sought orders restraining the father from contacting or approaching her or the children, and from entering specified locations where the mother or children might be.

The primary legal issue before the court was whether to grant interim restraining orders against the father, and to make consequential orders regarding the adducing of further evidence and the management of the proceedings. The court was also required to consider the provision of information to the parties regarding their obligations and the consequences of contravening any orders made.

Barry J made orders restraining the father from contacting or approaching the mother or children, except as otherwise provided by the court, and from entering or remaining in places of residence, employment, or education of the mother or children. The court also granted leave for the mother to adduce further evidence and for the father to file replying affidavits. The proceedings were adjourned for a case management review, and the court ordered that a document detailing the obligations, consequences, and support services related to parenting orders be annexed to the orders made.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

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