Holmen and Farley

Case

[2008] FamCA 197

28 March 2008


Details
AGLC Case Decision Date
Holmen and Farley [2008] FamCA 197 [2008] FamCA 197 28 March 2008

CaseChat Overview and Summary

In *Holmen and Farley*, heard by Brown J, the dispute concerned parenting orders for a child born in July 2003. The court was required to determine the future parental responsibility, living arrangements, and contact arrangements between the child and each parent, as well as the extent of any restrictions on the father's proximity to the mother and child.

The court ordered that all previous parenting orders and injunctions be discharged. The mother was granted sole parental responsibility, and the child was ordered to live with her. The father was to have no direct contact with the child, though he was permitted to send cards, letters, and gifts for the child's birthday and Christmas, subject to the mother's discretion to withhold them if deemed inappropriate. The mother was directed to encourage the child to acknowledge these items and to forward specified photographs and school reports to the father.

Furthermore, the father was restrained from approaching within 100 metres of the mother and child, or any location attended by the child, including their residence, childcare centre, kindergarten, school, or church. The mother was directed to serve a copy of the order on the child's educational and care facilities. Both parties were required to provide addresses for correspondence to the independent children's lawyer, who was to facilitate information exchange. The court also directed that the particulars of the orders and potential consequences of contravention be provided in a fact sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Most Recent Citation
HOOPER & EVAN [2011] FMCAfam 365

Cases Citing This Decision

2

Harvey & Patterson [2008] FamCA 809
HOOPER & EVAN [2011] FMCAfam 365
Cases Cited

0

Statutory Material Cited

3