Longley and Velton and Ors
Case
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[2018] FamCA 969
•23 November 2018
Details
AGLC
Case
Decision Date
Longley and Velton and Ors [2018] FamCA 969
[2018] FamCA 969
23 November 2018
CaseChat Overview and Summary
In the matter of *Longley and Velton and Ors*, Berman J of the Federal Circuit Court of Australia considered parenting orders concerning a child, X. The dispute involved the child's parents and the child's maternal grandparents, Mr Longley and Ms Oriel. The court was required to determine the most appropriate parenting arrangements for X, including issues of parental responsibility, living arrangements, and communication between the parties.
The central legal issues before the court were the allocation of parental responsibility, the determination of where the child should live, and the nature and extent of time the child should spend with each party. The court also had to consider orders restraining certain conduct between the parties, specifically regarding denigration of each other and contact with a third party, Mr B. The discharge of the Independent Children's Lawyer was also a matter for the court's determination.
Berman J ordered the discharge of all previous parenting orders. The court made new orders establishing equal shared parental responsibility for the child between the maternal grandparents, Mr Longley and Ms Oriel, to the exclusion of the child's parents. The child was ordered to live with the grandparents. The child was to spend time with the mother on terms to be agreed between her and the grandparents. The court also made orders regarding the exchange of school-related information and attendance at school functions, and stipulated that in a medical emergency, the party in care must inform the others. Crucially, the mother was restrained from bringing the child into contact with Mr B, and both the mother and the maternal grandparents were restrained from denigrating each other or their respective families in the presence of the child. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed.
The central legal issues before the court were the allocation of parental responsibility, the determination of where the child should live, and the nature and extent of time the child should spend with each party. The court also had to consider orders restraining certain conduct between the parties, specifically regarding denigration of each other and contact with a third party, Mr B. The discharge of the Independent Children's Lawyer was also a matter for the court's determination.
Berman J ordered the discharge of all previous parenting orders. The court made new orders establishing equal shared parental responsibility for the child between the maternal grandparents, Mr Longley and Ms Oriel, to the exclusion of the child's parents. The child was ordered to live with the grandparents. The child was to spend time with the mother on terms to be agreed between her and the grandparents. The court also made orders regarding the exchange of school-related information and attendance at school functions, and stipulated that in a medical emergency, the party in care must inform the others. Crucially, the mother was restrained from bringing the child into contact with Mr B, and both the mother and the maternal grandparents were restrained from denigrating each other or their respective families in the presence of the child. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209