DEAKES & DEAKES
Case
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[2018] FamCA 684
•1 August 2018
Details
AGLC
Case
Decision Date
DEAKES & DEAKES [2018] FamCA 684
[2018] FamCA 684
1 August 2018
CaseChat Overview and Summary
In the matter of *Deakes & Deakes*, Benjamin J considered interim parenting orders concerning two children, B and C. The dispute arose following a change in the children's residence from the mother's care to the father's care. The court was required to determine the terms of interim orders governing the children's living arrangements, time spent with each parent, and specific issues relating to their schooling and health.
The legal issues before the court included whether to suspend previous parenting orders, how to allocate parental responsibility between the father and mother, and whether to impose injunctive orders. Specifically, the court had to decide on the extent of the father's parental responsibility regarding the children's health and education, and whether to restrain the mother from attending the children's school or other places they might be.
Benjamin J made interim orders suspending all previous parenting orders. The father was granted primary parental responsibility, with specific exceptions. Neither party could remove the children from their school without agreement or court order. The father was given responsibility for the children's health, provided he informed the mother and the Independent Children's Lawyer of appointments in advance, except in emergencies. The mother was restrained from attending the children's school or other known locations where the children might be, unless in accordance with the orders or a written agreement.
The legal issues before the court included whether to suspend previous parenting orders, how to allocate parental responsibility between the father and mother, and whether to impose injunctive orders. Specifically, the court had to decide on the extent of the father's parental responsibility regarding the children's health and education, and whether to restrain the mother from attending the children's school or other places they might be.
Benjamin J made interim orders suspending all previous parenting orders. The father was granted primary parental responsibility, with specific exceptions. Neither party could remove the children from their school without agreement or court order. The father was given responsibility for the children's health, provided he informed the mother and the Independent Children's Lawyer of appointments in advance, except in emergencies. The mother was restrained from attending the children's school or other known locations where the children might be, unless in accordance with the orders or a written agreement.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
DEAKES & DEAKES [2018] FamCA 684
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