Martel and Martel

Case

[2013] FCCA 525

13 June 2013


Details
AGLC Case Decision Date
MARTEL & MARTEL [2013] FCCA 525 [2013] FCCA 525 13 June 2013

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Coakes in relation to two children, [X] and [Y]. The dispute involved the mother and father, Mr and Ms Martel, and the court was required to determine the future parenting arrangements for the children.

The court was tasked with determining the specific orders regarding parental responsibility, living arrangements, and time spent between the children and each parent. Additionally, the court had to consider orders relating to communication between the parents and the children, geographical restrictions on the parents' residences, and the children's schooling and counselling. The court also addressed the issue of international travel restrictions for the children and the parents' obligations regarding communication and disclosure of information.

Judge Coakes discharged all previous parenting orders and made new orders. The mother was granted sole parental responsibility, and the children were to live with her. For a period, the children were not to spend any time with or communicate with the father, and the father was restrained from any communication with them. From a specified date, the father was to spend time with the children on alternate weekends during school terms, half of all school holidays, and on specific public holidays, with certain suspensions to these arrangements. The court also made detailed orders regarding the handover of the children, communication protocols, and the father's attendance at schools. Further orders addressed the mother's relocation, the children's schooling, ongoing counselling for both parents, and the exchange of personal details. Both parents were restrained from denigrating each other in the children's presence and from discussing the proceedings with the children. The court also mandated further therapeutic counselling for the parents and established procedures for resolving future disputes. Finally, orders were made to prevent the children from leaving the Commonwealth of Australia, with a request for their names to be placed on the Australian Federal Police Watch List.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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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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Goode & Goode [2006] FamCA 1346