LINDBERG & HILLMAN

Case

[2015] FamCA 351

15 April 2015


Details
AGLC Case Decision Date
LINDBERG & HILLMAN [2015] FamCA 351 [2015] FamCA 351 15 April 2015

CaseChat Overview and Summary

This matter came before Dawe J concerning parenting orders for two children, D and B. The proceedings were complicated by the withdrawal of aggravated assault charges against the father concerning the children, and a dispute regarding the existence and terms of an intervention order that the mother asserted identified the children as protected persons, a claim the father denied.

The court was required to determine the interim parenting arrangements for both children pending trial, including issues of parental responsibility, living arrangements, and time spent with each parent. Additionally, the court needed to address the father's application concerning child D and consider injunctive relief to protect the mother and children. The court also directed the parties to provide further information regarding the father's criminal charges, any intervention orders, his medical condition, and proposals for resolution, as well as the mother's knowledge of any intervention orders.

Dawe J made several orders, discharging previous orders relating to child D and granting the mother sole parental responsibility, with D to live with the mother and spend time with the father subject to D's wishes. The father's application concerning D was dismissed. For child B, previous orders were suspended, and the mother was granted sole parental responsibility, with B to live with the mother and spend no time with the father unless agreed in writing. The court also granted an injunction restraining the father from approaching within 200 metres of the mother's residence or the children's schools, with limited exceptions, and from approaching or communicating with the children except by written agreement. The proceedings were adjourned for trial directions before a Registrar.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Charge

  • Procedural Fairness

  • Standing

  • Appeal

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