Lennox and Ponting
Case
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[2009] FamCA 1107
•2 November 2009
Details
AGLC
Case
Decision Date
Lennox and Ponting [2009] FamCA 1107
[2009] FamCA 1107
2 November 2009
CaseChat Overview and Summary
This matter concerned an application by the Father, Mr Lennox, against the Mother, concerning the living arrangements and welfare of their two children, M and T. The proceedings were heard by Jordan J.
The court was required to determine the primary issue of where the children should live, and consequently, who should have sole responsibility for their long-term care, welfare, and development. Further issues included the nature and extent of the Mother's future contact with the children, including supervised time and communication, and whether the Mother should be restrained from removing the children from the Father's care. The court also considered an application by the Mother for leave to file an affidavit and a response filed by the Mother.
Jordan J ordered that the Mother's application for leave to file an affidavit be refused and her Response be dismissed. The Father was granted leave to amend his application to seek supervised time for the Mother with the children. The court ordered that the children live with the Father at an undisclosed address and that he have sole responsibility for their long-term care. The Mother was to have supervised time with the children for two hours per fortnight, to be supervised by the W Contact Centre, with a preference for off-site arrangements where possible. The Father was to notify the Independent Children’s Lawyer of these arrangements, who would then inform the Mother. The Mother was also to communicate with the children by supervised telephone calls and supervised written or electronic communication. Finally, the Mother was restrained from removing the children from the Father's care.
The court was required to determine the primary issue of where the children should live, and consequently, who should have sole responsibility for their long-term care, welfare, and development. Further issues included the nature and extent of the Mother's future contact with the children, including supervised time and communication, and whether the Mother should be restrained from removing the children from the Father's care. The court also considered an application by the Mother for leave to file an affidavit and a response filed by the Mother.
Jordan J ordered that the Mother's application for leave to file an affidavit be refused and her Response be dismissed. The Father was granted leave to amend his application to seek supervised time for the Mother with the children. The court ordered that the children live with the Father at an undisclosed address and that he have sole responsibility for their long-term care. The Mother was to have supervised time with the children for two hours per fortnight, to be supervised by the W Contact Centre, with a preference for off-site arrangements where possible. The Father was to notify the Independent Children’s Lawyer of these arrangements, who would then inform the Mother. The Mother was also to communicate with the children by supervised telephone calls and supervised written or electronic communication. Finally, the Mother was restrained from removing the children from the Father's care.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Injunction
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
Lennox and Ponting [2009] FamCA 1107
Cases Citing This Decision
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Statutory Material Cited
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