Deacon & Castle

Case

[2013] FCCA 691

4 July 2013


Details
AGLC Case Decision Date
DEACON & CASTLE [2013] FCCA 691 [2013] FCCA 691 4 July 2013

CaseChat Overview and Summary

In the matter of *Deacon & Castle*, heard before Judge Harman, the dispute concerned parenting arrangements for the children X and Y. The court was required to determine with whom the children should live and the nature of parental responsibility.

The legal issues before the court included the determination of primary care for the children, the allocation of parental responsibility, and the establishment of a contact regime for the non-resident parent. The court also considered the rules of evidence in relation to the disclosure of certain reports to counsellors.

The court ordered that the mother, Ms Deacon, have sole parental responsibility for X and Y, and that the children live with her. Previous parenting orders were discharged. The father, Mr Castle, was subject to significant interim and ongoing restrictions on contact, including a prohibition on attending at or being within 200 meters of the mother's home or the children's school. A detailed contact schedule was established for Mr Castle, commencing after an initial period of restraint, and included provisions for telephone contact. The court also made orders regarding the parents' obligations to keep each other informed of addresses and to notify of emergencies involving the children, and restrained both parents from discussing the proceedings with the children. The court further ordered that the mother could provide specific reports to any counsellor or family therapist engaged by her.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Appeal

  • Remedies

  • Costs

Actions
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Cases Citing This Decision

23

McGowan and Hahn [2018] FCCA 2626
Welton and Welton [2016] FCCA 3509
LUSK & PAISLEY [2015] FCCA 2631
Cases Cited

3

Statutory Material Cited

5

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 36
Thompson v Thompson [2015] NZCA 228