Johns and Greenwood and Ors
Case
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[2018] FCCA 215
•1 February 2018
Details
AGLC
Case
Decision Date
Johns and Greenwood and Ors [2018] FCCA 215
[2018] FCCA 215
1 February 2018
CaseChat Overview and Summary
In the matter of Johns and Greenwood and Ors, Judge Costigan made orders concerning the parental responsibility and living arrangements for two children, X and Y. The dispute involved the mother, the father, and the paternal grandparents.
The court was required to determine the extent of parental responsibility, where the children would live, the nature and extent of the children's time with and communication with the father, and the arrangements for the children to spend time and communicate with their paternal grandparents. The court also had to consider the terms of any contact between the children and the father, and the role of the paternal grandparents in facilitating or preventing contact with the father.
Judge Costigan ordered that the mother have sole parental responsibility for the children, and that the children live with her. The father was to have no time or communication with the children, save for the ability to send letters, cards, and gifts on specific occasions, with the mother having discretion over whether these were provided to the children. The paternal grandparents were granted significant time with the children, including weekend and holiday arrangements, and regular telephone contact. Crucially, the paternal grandparents were restrained from allowing the children to come into contact with or communicate with the father. The orders also included provisions regarding changeover locations and the inclusion of a fact sheet detailing obligations and consequences of contravention.
The court was required to determine the extent of parental responsibility, where the children would live, the nature and extent of the children's time with and communication with the father, and the arrangements for the children to spend time and communicate with their paternal grandparents. The court also had to consider the terms of any contact between the children and the father, and the role of the paternal grandparents in facilitating or preventing contact with the father.
Judge Costigan ordered that the mother have sole parental responsibility for the children, and that the children live with her. The father was to have no time or communication with the children, save for the ability to send letters, cards, and gifts on specific occasions, with the mother having discretion over whether these were provided to the children. The paternal grandparents were granted significant time with the children, including weekend and holiday arrangements, and regular telephone contact. Crucially, the paternal grandparents were restrained from allowing the children to come into contact with or communicate with the father. The orders also included provisions regarding changeover locations and the inclusion of a fact sheet detailing obligations and consequences of contravention.
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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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Mazorski & Albright
[2007] FamCA 520
Amador & Amador
[2009] FamCAFC 196