Jephson and Tomcic

Case

[2019] FamCA 186

29 March 2019


Details
AGLC Case Decision Date
Jephson and Tomcic [2019] FamCA 186 [2019] FamCA 186 29 March 2019

CaseChat Overview and Summary

This matter concerned parenting orders made by Hogan J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of two children, X Tomcic (born 2009) and Y Tomcic (born 2011).

The court was required to determine the living arrangements for the children, the allocation of parental responsibility for long-term decisions, and the extent of the father's future contact and communication with the children. Additionally, the court considered applications for changes to the children's surnames and the issuance of injunctions to protect the children and the mother.

Hogan J ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility for all major long-term issues. The father was ordered to have no time or communication with the children. The court issued injunctions restraining the father from communicating with or approaching the mother or children, or their residences, the mother's place of employment, and the children's place of education. The father was also restrained from removing the children from Australia. The court approved the change of the children's surnames from Tomcic to Jephson, with specific provisions for noting these changes on the Births, Deaths and Marriages Register and placing the children on the Family Law Watch List. The Independent Children's Lawyer was directed to explain the orders to the children.

The court further ordered that all outstanding parenting applications be dismissed. Provisions were also made for any party seeking costs to file affidavits and written submissions within specified timeframes.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Cox & Pedrana [2013] FamCAFC 48