Lackey and Mae
Case
•
[2013] FMCAfam 284
•28 March 2013
Details
AGLC
Case
Decision Date
Lackey and Mae [2013] FMCAfam 284
[2013] FMCAfam 284
28 March 2013
CaseChat Overview and Summary
In the Family Court, Lackey and Mae were the parties involved in a dispute over parental responsibility for their four children. The court was tasked with determining the allocation of parental responsibility and the arrangements for the children's time with their father. This involved considering the welfare and best interests of the children, as well as the conduct and history of both parents.
The primary legal issues before the court were whether the mother should be granted sole parental responsibility for the children, and if so, what arrangements should be made for the children to spend time with their father. The court also needed to address allegations of abuse and the conduct of both parents on social media.
The court found that the mother should be granted sole parental responsibility for the children. It determined that the children should live with the mother and established specific arrangements for the father to spend time with the children under supervision and with restrictions on communication. The court further imposed restraints on both parents to prevent negative comments and derogatory behaviour in the presence of the children, and it restricted the father from making contact with the children except as ordered. The court also ordered the father to remove certain references from social media and restrained him and his family from making reports to authorities or publishing material about the proceedings.
The court rejected the father's pleas of admitted contravention with reasonable excuse, and it formally noted that any further contravention could result in a penalty. It ordered that the reasons for the judgment be made available to certain authorities and requested the Marshal of the Court to monitor social media for any breaches of the orders.
The primary legal issues before the court were whether the mother should be granted sole parental responsibility for the children, and if so, what arrangements should be made for the children to spend time with their father. The court also needed to address allegations of abuse and the conduct of both parents on social media.
The court found that the mother should be granted sole parental responsibility for the children. It determined that the children should live with the mother and established specific arrangements for the father to spend time with the children under supervision and with restrictions on communication. The court further imposed restraints on both parents to prevent negative comments and derogatory behaviour in the presence of the children, and it restricted the father from making contact with the children except as ordered. The court also ordered the father to remove certain references from social media and restrained him and his family from making reports to authorities or publishing material about the proceedings.
The court rejected the father's pleas of admitted contravention with reasonable excuse, and it formally noted that any further contravention could result in a penalty. It ordered that the reasons for the judgment be made available to certain authorities and requested the Marshal of the Court to monitor social media for any breaches of the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Parental Responsibility
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Child Custody
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Supervised Visitation
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Injunction
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Restraint Orders
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Publication Ban
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Social Media Monitoring
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Contempt of Court
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Admissibility of Evidence
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Expert Evidence
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Citations
Lackey and Mae [2013] FMCAfam 284
Most Recent Citation
Mercer and Mercer [2018] FCCA 2575
Cases Citing This Decision
6
Mercer and Mercer
[2018] FCCA 2575
Lackey and Mae (No.2)
[2014] FCCA 2114
B1 v B2
[2017] NSWDC 252
Cases Cited
20
Statutory Material Cited
1
Xuarez & Vitela
[2012] FamCA 574
Abduramanoski & Abduramanoska
[2005] FamCA 88
Abduramanoski & Abduramanoska
[2005] FamCA 88