Hamill and Hamill
Case
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[2009] FamCA 1324
•25 November 2009
Details
AGLC
Case
Decision Date
Hamill and Hamill [2009] FamCA 1324
[2009] FamCA 1324
25 November 2009
CaseChat Overview and Summary
In the matter of *Hamill and Hamill*, heard by Faulks DCJ, the dispute concerned parenting orders for two children, E and L. The proceedings involved an application to vary existing orders, specifically regarding parental responsibility and the children's residence.
The court was required to determine the extent to which parental responsibility should be shared between the mother and father, particularly in relation to the children's schooling. Furthermore, the court had to consider whether to impose restrictions on the mother relocating the children's residence from the Australian Capital Territory/Canberra district.
His Honour discharged the previous order of 6 December 2007 and made new orders. The mother was granted sole parental responsibility for determining the children's school. Parental responsibility for all other matters was to continue to be shared equally between the parents. Crucially, the mother was restrained from relocating the children's residence from the Australian Capital Territory/Canberra district without the father's prior written consent. The children were to live with their mother and father in accordance with the previously made orders, as far as they had not been implemented, and a specified program. The court also issued a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth). Any subpoenaed material not made an exhibit was to be returned, as was exhibit material after the appeal period. All other existing applications were dismissed.
The court was required to determine the extent to which parental responsibility should be shared between the mother and father, particularly in relation to the children's schooling. Furthermore, the court had to consider whether to impose restrictions on the mother relocating the children's residence from the Australian Capital Territory/Canberra district.
His Honour discharged the previous order of 6 December 2007 and made new orders. The mother was granted sole parental responsibility for determining the children's school. Parental responsibility for all other matters was to continue to be shared equally between the parents. Crucially, the mother was restrained from relocating the children's residence from the Australian Capital Territory/Canberra district without the father's prior written consent. The children were to live with their mother and father in accordance with the previously made orders, as far as they had not been implemented, and a specified program. The court also issued a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth). Any subpoenaed material not made an exhibit was to be returned, as was exhibit material after the appeal period. All other existing applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Jurisdiction
Actions
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Citations
Hamill and Hamill [2009] FamCA 1324
Cases Citing This Decision
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