Joff and Joff
Case
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[2017] FCCA 3063
•4 December 2017
Details
AGLC
Case
Decision Date
Joff and Joff [2017] FCCA 3063
[2017] FCCA 3063
4 December 2017
CaseChat Overview and Summary
In the matter of *Joff and Joff*, heard by Judge Burchardt, the dispute concerned parenting orders for three children. The father sought to vary existing orders, while the mother sought to discharge them and obtain new orders.
The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding the children's living arrangements, parental responsibility, and the extent of the father's contact with them. The court also considered the father's ability to file future applications and the mother's request for leave to provide a Family Report to the Victoria Police and legal representatives in relation to intervention orders.
Judge Burchardt discharged all previous parenting orders. The court ordered that the children live with the mother and that she have sole parental responsibility. The father was ordered to have no communication with and spend no time with the children. The mother was granted leave to provide the Family Report to the Victoria Police, a legal representative for intervention order proceedings, or a Magistrate. The father was restrained from filing further parenting applications without leave, and his application filed on 16 December 2016 was dismissed. The Independent Children’s Lawyer was discharged.
The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding the children's living arrangements, parental responsibility, and the extent of the father's contact with them. The court also considered the father's ability to file future applications and the mother's request for leave to provide a Family Report to the Victoria Police and legal representatives in relation to intervention orders.
Judge Burchardt discharged all previous parenting orders. The court ordered that the children live with the mother and that she have sole parental responsibility. The father was ordered to have no communication with and spend no time with the children. The mother was granted leave to provide the Family Report to the Victoria Police, a legal representative for intervention order proceedings, or a Magistrate. The father was restrained from filing further parenting applications without leave, and his application filed on 16 December 2016 was dismissed. The Independent Children’s Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Citations
Joff and Joff [2017] FCCA 3063
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