Emmings and Wileman

Case

[2017] FamCA 940

7 November 2017


Details
AGLC Case Decision Date
Emmings and Wileman [2017] FamCA 940 [2017] FamCA 940 7 November 2017

CaseChat Overview and Summary

In the matter of *Emmings and Wileman*, heard before Cleary J, the dispute concerned parental responsibility and the living arrangements for two children, B and C, born in 2013 and 2015 respectively. The orders indicate a significant conflict between the parents, with the mother, Ms Emmings, seeking sole parental responsibility and specific protective measures against the father.

The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of parental responsibility, where the children would live, and the extent of any contact or communication between the children and the father. Crucially, the court also had to consider whether to make orders restraining the father's conduct to protect the mother and the children.

Cleary J ordered that the mother have sole parental responsibility for the children, and that the children live with her. The court further ordered that the children spend no time and have no contact or communication with the father. In addition, pursuant to section 68B(1) of the *Family Law Act 1975*, and for the protection of the mother and the children, the father was restrained from attending any school, pre-school, or daycare centre the children attend, any sporting or extra-curricular activity in which they participate, or the mother's residence. The father was also restrained from contacting or communicating with the children or the mother by any means, or causing any other person to do so on his behalf.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

1

Tracey and Wilkes & Ors [2018] FamCA 643
Cases Cited

0

Statutory Material Cited

1