Gordon and Milson

Case

[2016] FamCA 1161

14 December 2016


Details
AGLC Case Decision Date
Gordon and Milson [2016] FamCA 1161 [2016] FamCA 1161 14 December 2016

CaseChat Overview and Summary

In the matter of *Gordon and Milson*, Benjamin J of the Family Court of Australia determined the parenting arrangements for a child born in 2013. The dispute concerned the mother's application for sole and exclusive parental responsibility, the child to live with her, and for the child to spend no time with the father, along with an injunction for the personal protection of both the mother and child. The mother also sought permission to relocate the child's primary residence within Australia without notice to the father.

The court was required to consider the best interests of the child in determining the parenting orders. Specifically, the court had to assess whether it was appropriate to make orders for the child to live solely with the mother, to have no time with the father, and to grant the mother exclusive permission to take the child overseas. Furthermore, the court needed to determine the necessity and scope of injunctive relief to protect the mother and child from the father. The court also had to consider the mother's application to relocate the child's residence within Australia.

Benjamin J ordered that the mother have sole and exclusive parental responsibility for the child, including exclusive permission to take or send the child overseas for holidays, pursuant to s 65Y of the *Family Law Act 1975* (Cth). The child was ordered to live with the mother and spend no time with the father. The father was also prohibited from any communication with the child. Crucially, the father was restrained by injunction from approaching within fifty metres of the mother, the child, their residences, the mother's place of employment, or any school or sporting venue where they were likely to be present. The mother was permitted to relocate the child's primary residence to any place within Australia without notice to the father. The court also made orders regarding the service of the final order and the return of subpoenaed documents and exhibits.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

Blinko & Blinko [2015] FamCAFC 146