Millard and Millard
Case
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[2018] FamCA 258
•26 April 2018
Details
AGLC
Case
Decision Date
Millard and Millard [2018] FamCA 258
[2018] FamCA 258
26 April 2018
CaseChat Overview and Summary
In *Millard and Millard*, Benjamin J of the Federal Circuit and Family Court of Australia made orders concerning the parenting of three children, B, C, and D. The dispute involved the mother, Ms Millard, and the father, Mr Millard, and the court was required to determine interim parenting arrangements and issue protective orders.
The court was tasked with determining the primary caregiver for the children, whether the children should spend any time with the father, and whether the mother should be permitted to relocate with the children. Furthermore, the court considered the necessity of restraining orders against the father to protect the mother and children, and orders to prevent the denigration of parents and the discussion of proceedings with the children. The court also addressed the potential removal of the children from Australia and the recovery of one of the children, C.
Benjamin J ordered that the previous interim parenting orders be vacated. The mother was granted sole parental responsibility, and the children were to live with her and spend no time with the father. The mother was permitted to leave the Sydney metropolitan area with the children and to arrange counselling for them. Crucially, extensive restraining orders were made against the father, prohibiting him from assaulting, harassing, or molesting the mother or children, from communicating with the children, and from attending near the mother's home or the children's schools. Both parents were restrained from denigrating each other in the presence of the children or discussing the proceedings with them.
The court also issued orders preventing the removal of the children from Australia and requested their names be placed on the Family Law Watchlist. A recovery order and warrant were issued for child C, authorising law enforcement to locate and take possession of C and deliver the child to the mother. The father and his agents were restrained from removing the children from the mother, and law enforcement was authorised to arrest anyone breaching certain orders.
The court was tasked with determining the primary caregiver for the children, whether the children should spend any time with the father, and whether the mother should be permitted to relocate with the children. Furthermore, the court considered the necessity of restraining orders against the father to protect the mother and children, and orders to prevent the denigration of parents and the discussion of proceedings with the children. The court also addressed the potential removal of the children from Australia and the recovery of one of the children, C.
Benjamin J ordered that the previous interim parenting orders be vacated. The mother was granted sole parental responsibility, and the children were to live with her and spend no time with the father. The mother was permitted to leave the Sydney metropolitan area with the children and to arrange counselling for them. Crucially, extensive restraining orders were made against the father, prohibiting him from assaulting, harassing, or molesting the mother or children, from communicating with the children, and from attending near the mother's home or the children's schools. Both parents were restrained from denigrating each other in the presence of the children or discussing the proceedings with them.
The court also issued orders preventing the removal of the children from Australia and requested their names be placed on the Family Law Watchlist. A recovery order and warrant were issued for child C, authorising law enforcement to locate and take possession of C and deliver the child to the mother. The father and his agents were restrained from removing the children from the mother, and law enforcement was authorised to arrest anyone breaching certain orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
Millard and Millard [2018] FamCA 258
Cases Citing This Decision
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