DRAPER & SHINE

Case

[2011] FamCA 119

17 February 2011


Details
AGLC Case Decision Date
DRAPER & SHINE [2011] FamCA 119 [2011] FamCA 119 17 February 2011

CaseChat Overview and Summary

In the matter of *Draper & Shine*, Bell J of the Family Court of Australia considered orders concerning the living arrangements and time spent with two children, L and B. The dispute centred on the appropriate arrangements for the children, given the context of previous orders and the need for supervised contact.

The court was required to determine the primary residence of the children, the nature and extent of their time spent with each parent, and the conditions under which contact should occur. Further issues included the necessity for supervised contact, the responsibilities of each parent in facilitating such contact, and the terms of communication between the parents and children. The court also addressed broader parental conduct, including prohibitions on denigration and physical discipline, and provisions for information sharing regarding the children's welfare and providers.

Bell J ordered that the children would live with the father and spend time with the mother at a contact centre for two hours each Saturday, or as otherwise facilitated by the centre. Crucially, both parents were directed to engage with the contact centre for an assessment of their suitability for supervised time and to comply with the centre's requirements, including payment of fees. The court also issued injunctions restraining both parents from denigrating each other in the children's presence and from physically disciplining the children. Provisions were made for telephone communication between the children and each parent, and for ongoing information sharing regarding the children's addresses, contact details, and welfare.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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