Lance and Kellaway

Case

[2013] FCCA 2370

4 July 2013


Details
AGLC Case Decision Date
Lance and Kellaway [2013] FCCA 2370 [2013] FCCA 2370 4 July 2013

CaseChat Overview and Summary

In the matter of *Lance and Kellaway*, heard by Judge Roberts, the dispute concerned parenting arrangements for a child and the conduct of the father, Mr Kellaway, in relation to the mother, Ms Lance, and court proceedings. The court was required to make orders regarding the child's living arrangements, the father's access, and to address the father's online commentary and behaviour towards the mother.

The court was asked to determine the extent to which the father should be restrained from publishing certain information online and from denigrating the mother. Furthermore, the court needed to establish the specific parenting orders, including who would have sole parental responsibility, where the child would live, and the nature and supervision of the father's time with the child. The court also considered the need for ongoing communication between the parents regarding the child's education and health.

Judge Roberts ordered that the father must remove specific references to court proceedings and certain terms from the internet, and be restrained from denigrating the mother. Both parents were restrained from threatening, assaulting, or abusing each other. The mother was granted sole parental responsibility, and the child was ordered to live with her. The father was to have supervised time with the child at a children's contact service, with initial envisaged contact being one to two hours per fortnight, though the service staff retained discretion. The mother was ordered to provide the father with school reports and to inform him of significant health matters concerning the child. The court also requested the Legal Aid Commission to extend the commission of the Independent Child’s Lawyer and adjourned the matter for further mention.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Runcorne & Raine [2008] FamCA 837