Maillot and Chemin

Case

[2009] FamCA 807

10 August 2009


Details
AGLC Case Decision Date
Maillot and Chemin [2009] FamCA 807 [2009] FamCA 807 10 August 2009

CaseChat Overview and Summary

This matter concerned orders relating to the children A Chemin and B Chemin, born in 2001 and 2004 respectively. The dispute involved the parents' parental responsibility, the children's residence, and the mother's proposed relocation of the children to Queensland. The decision was made by Brown J.

The court was required to determine the appropriate parenting orders for the children, including who should have sole parental responsibility, where the children should live, and whether the mother should be permitted to relocate the children to Queensland. Further issues included the nature and extent of the father's time with the children, the supervision of that time, and restrictions on the father's conduct during contact. The court also considered orders regarding communication, the provision of school information, and the discharge of the independent children's lawyer.

Brown J ordered that the mother have sole parental responsibility for A and B, and that the children live with her. The mother was granted liberty to relocate the children to Queensland after six weeks, with specific provisions for the father's time with the children both before and after the relocation. This time was to be supervised by the maternal grandfather, and the father was restrained from consuming alcohol or illicit drugs for 24 hours before and during contact. The supervisor was empowered to terminate contact if the father appeared affected by substances or behaved in a manner that distressed the children. The court also made orders regarding communication, the provision of school reports, and mutual undertakings not to discuss proceedings or make derogatory comments about the other parent to the children. All previous orders and injunctions were discharged, and extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Appeal

  • Procedural Fairness

  • Remedies

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