Donne and Scully (No 2)
Case
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[2019] FamCA 950
•10 December 2019
Details
AGLC
Case
Decision Date
Donne and Scully (No 2) [2019] FamCA 950
[2019] FamCA 950
10 December 2019
CaseChat Overview and Summary
In *Donne and Scully (No 2)*, Tree J of the Family Court of Australia considered parenting orders concerning three children. The dispute involved the mother, Ms Donne, and the father, Mr Scully, regarding the future care and responsibility for their children.
The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility for major long-term decisions, the children's living arrangements, and the extent of the father's contact with the children. The court also had to consider whether injunctive relief was necessary for the protection of the mother and children.
Tree J ordered the discharge of all previous parenting orders. The court granted the mother sole parental responsibility for major long-term issues and ordered that the children live with her. Crucially, the father was prohibited from spending time with or communicating with the children. Furthermore, an injunction was issued to protect the mother and children, restraining the father from attending near their residence or workplace, approaching them, attending their educational facilities, removing them from the mother's care, or communicating with them directly or indirectly. The Independent Children's Lawyer was discharged, and all other extant applications were dismissed.
The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility for major long-term decisions, the children's living arrangements, and the extent of the father's contact with the children. The court also had to consider whether injunctive relief was necessary for the protection of the mother and children.
Tree J ordered the discharge of all previous parenting orders. The court granted the mother sole parental responsibility for major long-term issues and ordered that the children live with her. Crucially, the father was prohibited from spending time with or communicating with the children. Furthermore, an injunction was issued to protect the mother and children, restraining the father from attending near their residence or workplace, approaching them, attending their educational facilities, removing them from the mother's care, or communicating with them directly or indirectly. The Independent Children's Lawyer was discharged, and all other 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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Appeal
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Remedies
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Procedural Fairness
Actions
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Citations
Donne and Scully (No 2) [2019] FamCA 950
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
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