Espensen and Charron
Case
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[2017] FCCA 962
•12 May 2017
Details
AGLC
Case
Decision Date
Espensen and Charron [2017] FCCA 962
[2017] FCCA 962
12 May 2017
CaseChat Overview and Summary
This matter concerned an application by the father, Mr Espensen, against the mother, Ms Charron, regarding the location and living arrangements of their child, [X]. The proceedings were heard by Judge Brown.
The court was required to determine the primary residence of the child and the terms of the father's and mother's time with the child, including travel arrangements and communication. Further issues included the appropriate orders to protect the child from parental conflict and to ensure the father remained informed about the child's schooling and medical welfare.
Judge Brown ordered that the child be returned to the mother in Queensland by a specified date, with the father to bear the costs of this return. The child was to live with the mother, who was authorised to enrol the child in a local primary school. The father was granted time with the child during school holidays in Adelaide, with the father responsible for the child's travel costs. Liberal electronic communication between the father and child was also ordered. Crucially, injunctions were issued restraining both parents from abusing, denigrating, or discussing the proceedings in the child's presence. The mother was also undertaking not to bring the child into direct physical contact with two named individuals until further order. The matter was to be transferred to the Brisbane Registry of the Federal Circuit Court.
The court was required to determine the primary residence of the child and the terms of the father's and mother's time with the child, including travel arrangements and communication. Further issues included the appropriate orders to protect the child from parental conflict and to ensure the father remained informed about the child's schooling and medical welfare.
Judge Brown ordered that the child be returned to the mother in Queensland by a specified date, with the father to bear the costs of this return. The child was to live with the mother, who was authorised to enrol the child in a local primary school. The father was granted time with the child during school holidays in Adelaide, with the father responsible for the child's travel costs. Liberal electronic communication between the father and child was also ordered. Crucially, injunctions were issued restraining both parents from abusing, denigrating, or discussing the proceedings in the child's presence. The mother was also undertaking not to bring the child into direct physical contact with two named individuals until further order. The matter was to be transferred to the Brisbane Registry of the Federal Circuit Court.
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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Costs
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Remedies
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Jurisdiction
Actions
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Citations
Espensen and Charron [2017] FCCA 962
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
Deiter & Deiter
[2011] FamCAFC 82
SS & AH
[2010] FamCAFC 13
C v S
[1998] FamCA 66