Janssen & Janssen (No.2)
Case
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[2016] FamCA 796
•21 September 2016
Details
AGLC
Case
Decision Date
Janssen & Janssen (No.2) [2016] FamCA 796
[2016] FamCA 796
21 September 2016
CaseChat Overview and Summary
In *Janssen & Janssen (No.2)*, McClelland J of the Family Court of Australia considered an application concerning parenting orders for three children. The dispute centred on the arrangements for the children's time with their father, given the existing acrimony between the parents.
The court was required to determine the appropriate parenting orders, specifically addressing the extent of the father's contact with the children, the conditions under which such contact should occur, and the protective measures necessary for the mother and children. This included deciding on the level of parental responsibility each parent should hold, the living arrangements for the children, and whether any communication or contact between the father and children, or the father and mother, should be permitted.
McClelland J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, with the children to live with her. The father was permitted supervised contact with the children on two occasions annually, for one hour each, on specific dates, at his expense and at a contact centre. This contact was subject to strict conditions, including prohibitions against the father denigrating the mother, questioning the children about their mother's personal life, or discussing court proceedings with them. The father was also restrained from providing gifts or food to the children during supervised time, and from approaching or initiating direct contact with the mother or children except as provided. Furthermore, the father was restrained from coming within 500 metres of the mother's home or workplace, or the children's school or activities, and from harassing or intimidating the mother or children. These protective orders were made pursuant to section 68B of the *Family Law Act 1975* (Cth), with a power of arrest attaching under section 68C. The court also ordered that the mother could apply for or renew passports for the children without the father's consent, and that the father was restrained from placing the children's names on the Family Law Watch List without a court order.
The court was required to determine the appropriate parenting orders, specifically addressing the extent of the father's contact with the children, the conditions under which such contact should occur, and the protective measures necessary for the mother and children. This included deciding on the level of parental responsibility each parent should hold, the living arrangements for the children, and whether any communication or contact between the father and children, or the father and mother, should be permitted.
McClelland J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, with the children to live with her. The father was permitted supervised contact with the children on two occasions annually, for one hour each, on specific dates, at his expense and at a contact centre. This contact was subject to strict conditions, including prohibitions against the father denigrating the mother, questioning the children about their mother's personal life, or discussing court proceedings with them. The father was also restrained from providing gifts or food to the children during supervised time, and from approaching or initiating direct contact with the mother or children except as provided. Furthermore, the father was restrained from coming within 500 metres of the mother's home or workplace, or the children's school or activities, and from harassing or intimidating the mother or children. These protective orders were made pursuant to section 68B of the *Family Law Act 1975* (Cth), with a power of arrest attaching under section 68C. The court also ordered that the mother could apply for or renew passports for the children without the father's consent, and that the father was restrained from placing the children's names on the Family Law Watch List without a court order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Costs
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Jurisdiction
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Procedural Fairness
Actions
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Most Recent Citation
Shearer and Amhurst [2016] FCCA 2138
Cases Citing This Decision
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[2017] FCCA 2769
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[2017] FCCA 538
Mann and Irving
[2017] FCCA 573
Cases Cited
11
Statutory Material Cited
3
JANSSEN & JANSSEN
[2015] FamCA 942
Janssen & Janssen
[2016] FamCA 345
Makita (Australia) Pty Ltd v Sprowles
[2001] NSWCA 305