DREW & JENSEN
Case
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[2017] FCCA 656
•13 April 2017
Details
AGLC
Case
Decision Date
DREW & JENSEN [2017] FCCA 656
[2017] FCCA 656
13 April 2017
CaseChat Overview and Summary
In the matter of Drew & Jensen, heard before Judge Altobelli, the court was required to make orders concerning the parental responsibility, living arrangements, and time spent with the children, X and Y. The proceedings also involved an application for an Independent Children’s Lawyer and directions regarding the production and inspection of documents.
The central legal issues before the court were the determination of equal shared parental responsibility, the primary residence of the children, and the specific time the children would spend with the father. Additionally, the court had to consider the necessity and scope of restraining orders against the father, the discharge of a previous recovery order, and the appointment and powers of an Independent Children’s Lawyer.
The court ordered that the parties have equal shared parental responsibility for the children. The children were to live with the mother, and the father was to spend time with them on alternate weekends. Crucially, the father was restrained from approaching the children or their schools without the mother's written consent, and from attending within 100 metres of the mother's residence or the children's schools, except as provided in the orders. An Independent Children’s Lawyer was appointed for the children, with directions for the parties to provide relevant documents and for the lawyer to have leave to issue subpoenas, inspect documents, and relist the matter if necessary. The matter was adjourned for mention.
The central legal issues before the court were the determination of equal shared parental responsibility, the primary residence of the children, and the specific time the children would spend with the father. Additionally, the court had to consider the necessity and scope of restraining orders against the father, the discharge of a previous recovery order, and the appointment and powers of an Independent Children’s Lawyer.
The court ordered that the parties have equal shared parental responsibility for the children. The children were to live with the mother, and the father was to spend time with them on alternate weekends. Crucially, the father was restrained from approaching the children or their schools without the mother's written consent, and from attending within 100 metres of the mother's residence or the children's schools, except as provided in the orders. An Independent Children’s Lawyer was appointed for the children, with directions for the parties to provide relevant documents and for the lawyer to have leave to issue subpoenas, inspect documents, and relist the matter if necessary. The matter was adjourned for mention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
DREW & JENSEN [2017] FCCA 656
Most Recent Citation
Insley & Insley [2018] FCCA 438
Cases Cited
7
Statutory Material Cited
3
MRR v GR
[2010] HCA 4
Goode & Goode
[2006] FamCA 1346
Salah & Salah
[2016] FamCAFC 100