Gilliard and Gilliard

Case

[2015] FamCA 18

23 January 2015


Details
AGLC Case Decision Date
Gilliard and Gilliard [2015] FamCA 18 [2015] FamCA 18 23 January 2015

CaseChat Overview and Summary

In the matter of Gilliard and Gilliard, Johnston J made parenting orders concerning the children L, B, and S, discharging all previous orders. The dispute centred on the arrangements for the children's living situation, time spent with each parent, communication between the parents and children, and the involvement of each parent in the children's lives.

The court was required to determine the most appropriate parenting arrangements for the children, considering the welfare and best interests of L, B, and S. This involved deciding on parental responsibility, where the children would live, the extent and nature of the father's time with the children, communication protocols, and specific restraints to be placed on both parents. The court also had to consider the need for therapeutic intervention for the mother and the children, and the allocation of costs associated with the proceedings, particularly the Independent Children's Lawyer.

Johnston J ordered that the mother have sole parental responsibility and that the children live with her. The father was to have no time with the children for an initial three-month period, followed by a phased-in approach to supervised and then unsupervised time. Specific communication arrangements were established, including monitored telephone calls. The court also imposed several restraints on the father, including restrictions on discussing the proceedings with the children and contacting the mother, and on attending the children's school. Both parents were restrained from denigrating the other. The mother was directed to seek therapy for herself and the children, with the father to meet half the costs of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Remedies

  • Injunction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Lansa & Clovelly [2010] FamCA 80
Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209