Johns and Diplock

Case

[2010] FamCA 833

15 SEPTEMBER 2010


Details
AGLC Case Decision Date
Johns and Diplock [2010] FamCA 833 [2010] FamCA 833 15 SEPTEMBER 2010

CaseChat Overview and Summary

In the matter of Johns and Diplock, the parties involved were the father and mother of a child born in February 2007. The dispute concerned the living arrangements and parental responsibility for the child, as well as the mother's time with the child and the child's residence. The court was required to determine the terms of orders relating to these matters, discharging previous orders made by Justice Dawe on 3 July 2007.

The court's decision addressed the primary issue of where the child would live and who would hold parental responsibility. It also determined the conditions under which the mother would spend time with the child, specifically requiring supervision by the maternal grandmother. Furthermore, the court considered and made orders regarding the geographical movement of the child, imposing restrictions on removing the child from the State of South Australia, with specific exceptions for holiday purposes or by written agreement or court order.

By consent, the court ordered that the previous orders of Justice Dawe be discharged. The child was ordered to live with the father, who was granted sole parental responsibility. The mother was permitted to spend time with the child for one week in each calendar month, but this time was to be spent under the supervision of the maternal grandmother. Both parties were restrained from removing or attempting to remove the child from South Australia, except for holiday purposes or as otherwise agreed in writing or ordered by a competent court. The father's application filed on 5 August 2010 was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Jurisdiction

  • Remedies

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