ENRIGHT & NORMANDS

Case

[2019] FCCA 1278

9 May 2019


Details
AGLC Case Decision Date
Enright and Normands [2019] FCCA 1278 [2019] FCCA 1278 9 May 2019

CaseChat Overview and Summary

This matter concerned an interim hearing in family law proceedings between Mr Enright and Ms Normands regarding their child, X. The central dispute revolved around whether the court should make an order for equal time between the parents and, critically, whether there was an unacceptable risk of harm to the child during unsupervised time with the father.

The court was required to determine the appropriate interim parenting arrangements for the child, specifically addressing the question of equal time and the potential risks associated with the father's contact. Additionally, the court needed to consider measures to prevent the child's removal from Australia.

In its reasoning, the court made orders for equal shared parental responsibility but stipulated that the child live with the mother. To address concerns about the child's safety and prevent international travel, the court issued orders restraining both parents and the child from removing the child from the Commonwealth of Australia, with the Australian Federal Police directed to place the child's name on a Watch List for two years. The court also set out specific, supervised time arrangements for the father, including changeovers at a public library, and imposed prohibitions on derogatory comments about either parent in the child's presence and on physical chastisement of the child. The matter was adjourned for further mention and potential interim hearing, with directions for disclosure and a conciliation conference.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Goode & Goode [2006] FamCA 1346
SS & AH [2010] FamCAFC 13
SS & AH [2010] FamCAFC 13