LENG & PHE

Case

[2014] FamCA 720

3 September 2014


Details
AGLC Case Decision Date
LENG & PHE [2014] FamCA 720 [2014] FamCA 720 3 September 2014

CaseChat Overview and Summary

In the matter of LENG & PHE, Foster J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for two children, M and N. The dispute involved the parents' arrangements for the children's care and contact with the father.

The court was required to determine the appropriate orders for parental responsibility, the children's residence, and the nature and extent of the father's time with and communication with the children. Additionally, the court considered the discharge of previous orders relating to the father's ability to leave Australia and his presence on an airport watch list, as well as orders restraining the parents from engaging in certain conduct towards each other in the presence of the children.

Foster J ordered that the mother have sole parental responsibility for the children and that they live with her. The court also made detailed provisions for the children to spend time with and communicate with the father, both by electronic means and in person when the father is in Sydney, subject to specific notice and duration requirements. The court discharged previous orders that had restricted the father's travel and placed him on an airport watch list. Furthermore, both parents were restrained from abusing, insulting, belittling, rebuking, or criticising each other in the presence of the children, and from discussing the proceedings within their hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Marvel & Marvel [2010] FamCAFC 101
SS & AH [2010] FamCAFC 13
Sayer v Radcliffe [2012] FamCAFC 209