McLeay and Anderson
Case
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[2013] FCCA 1257
•22 August 2013
Details
AGLC
Case
Decision Date
McLeay and Anderson [2013] FCCA 1257
[2013] FCCA 1257
22 August 2013
CaseChat Overview and Summary
In the matter of *McLeay and Anderson*, heard before Judge Harman, the dispute concerned parenting orders for two children, X and Y. The court was required to determine the future living arrangements and parental responsibility for the children, as well as the appropriateness of the conduct of the Independent Children’s Lawyer (ICL) in the proceedings.
The court was tasked with deciding whether to discharge existing parenting orders, establish new arrangements for the children's residence and parental responsibility, and consider the conduct and remuneration of the ICL. Furthermore, the court needed to address the need for personal protection orders for Ms McLeay and the children against Mr Anderson, including restraining him from contact and proximity.
Judge Harman discharged the order appointing an Independent Children’s Lawyer and all existing parenting orders. The court ordered that the children, X and Y, shall live with their mother, Ms McLeay, who was granted sole parental responsibility. Mr Anderson was restrained from contacting Ms McLeay or the children, or attending within 100 metres of their residence, place of employment, or school. The court also directed that a copy of its reasons be forwarded to the Legal Aid Commission for consideration of the removal of the former ICL from the panel and the remuneration for work performed. All outstanding applications were dismissed, and the matter was removed from the list. The orders for personal protection were noted as carrying the authority for arrest and detention in the event of breach, and Ms McLeay was granted sole authority to apply for passports for the children.
The court was tasked with deciding whether to discharge existing parenting orders, establish new arrangements for the children's residence and parental responsibility, and consider the conduct and remuneration of the ICL. Furthermore, the court needed to address the need for personal protection orders for Ms McLeay and the children against Mr Anderson, including restraining him from contact and proximity.
Judge Harman discharged the order appointing an Independent Children’s Lawyer and all existing parenting orders. The court ordered that the children, X and Y, shall live with their mother, Ms McLeay, who was granted sole parental responsibility. Mr Anderson was restrained from contacting Ms McLeay or the children, or attending within 100 metres of their residence, place of employment, or school. The court also directed that a copy of its reasons be forwarded to the Legal Aid Commission for consideration of the removal of the former ICL from the panel and the remuneration for work performed. All outstanding applications were dismissed, and the matter was removed from the list. The orders for personal protection were noted as carrying the authority for arrest and detention in the event of breach, and Ms McLeay was granted sole authority to apply for passports for the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Injunction
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Jurisdiction
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Remedies
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Standing
Actions
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Citations
McLeay and Anderson [2013] FCCA 1257
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
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[1993] HCA 47
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[1997] HCA 25
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[2010] FamCAFC 101