Janda and Fairburn
Case
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[2019] FamCA 593
•23 August 2019
Details
AGLC
Case
Decision Date
Janda and Fairburn [2019] FamCA 593
[2019] FamCA 593
23 August 2019
CaseChat Overview and Summary
In the matter of *Janda and Fairburn*, Berman J of the Federal Circuit Court of Australia made orders concerning the living arrangements and time spent with a child, X, born in 2013. The dispute involved the parents' arrangements for their child, with the court ultimately determining the specific terms of residence, time spent with each parent, and communication protocols.
The court was required to determine the primary residence of the child, the schedule for the child to spend time with the father, and to address specific concerns regarding communication between the parents and the conduct of a third party, Ms B Janda, in relation to the child and the father. The court also needed to establish a framework for parental communication and the location of child handovers.
Berman J ordered that the child live with the mother until further order. The father was granted specific periods of time with the child, including alternate weekends and certain school holiday periods, with a suspension of some time during the September/October 2019 school holidays. The court also issued an injunction restraining the mother from speaking negatively to the child about the father, from telling the child she is unsafe in the father's care, and from permitting Ms B Janda to attend at school or handover locations when the father is present. Furthermore, the court ordered that in the absence of agreement, the parties must communicate via email regarding matters concerning the child, and that handovers not occurring at the child's school should take place at L Group or another agreed public place.
The court was required to determine the primary residence of the child, the schedule for the child to spend time with the father, and to address specific concerns regarding communication between the parents and the conduct of a third party, Ms B Janda, in relation to the child and the father. The court also needed to establish a framework for parental communication and the location of child handovers.
Berman J ordered that the child live with the mother until further order. The father was granted specific periods of time with the child, including alternate weekends and certain school holiday periods, with a suspension of some time during the September/October 2019 school holidays. The court also issued an injunction restraining the mother from speaking negatively to the child about the father, from telling the child she is unsafe in the father's care, and from permitting Ms B Janda to attend at school or handover locations when the father is present. Furthermore, the court ordered that in the absence of agreement, the parties must communicate via email regarding matters concerning the child, and that handovers not occurring at the child's school should take place at L Group or another agreed public place.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
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Citations
Janda and Fairburn [2019] FamCA 593
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