MCCUE & ADDINGTON

Case

[2020] FCCA 555

13 March 2020


Details
AGLC Case Decision Date
McCue and Addington [2020] FCCA 555 [2020] FCCA 555 13 March 2020

CaseChat Overview and Summary

In the matter of MCCUE & ADDINGTON, Judge Mercuri of the Federal Circuit and Family Court of Australia considered an application concerning the presence of the father's partner during his time with the children. The dispute centred on whether the father's partner should be permitted to be present during the father's contact with the children, particularly in light of allegations of family violence.

The court was required to determine whether the existing parenting orders should be varied to restrict the father's partner's presence during his time with the children. This involved considering the application of the principles established in *Goode & Goode* and assessing the potential impact of continued exposure to family violence on the children.

Judge Mercuri applied the principles from *Goode & Goode*, which require the court to consider the best interests of the child. The court found that there was no basis to change the current orders, implying that the presence of the father's partner did not, in the circumstances before the court, warrant a variation of the existing arrangements. The court issued injunctions restraining both parties from exposing the children to any family violence, and provided particulars of these obligations and potential consequences of contravention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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