MILLARD & MILLARD
Case
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[2020] FamCA 107
•25 February 2020
Details
AGLC
Case
Decision Date
MILLARD & MILLARD [2020] FamCA 107
[2020] FamCA 107
25 February 2020
CaseChat Overview and Summary
In the matter of *Millard & Millard*, Ms Millard (the Mother) sought orders concerning the parenting of the parties' three children. The dispute involved allegations of family violence perpetrated by Mr Millard (the Father) against the Mother and the eldest child, and a finding that the children were at risk of physical and psychological harm in the Father's care. The Court was required to determine the living arrangements for the children, the extent of any time the children should spend with the Father, and whether any communication between the Father and the children should be permitted, given the identified risks. The Court also considered the Father's absence from the final hearing, where he had emailed the Court indicating his reasons for not appearing and his legal representatives had been granted leave to withdraw.
Rees J determined that the children were enmeshed with the Father and that the risk of harm to them in his care was not mitigated by supervised time. The Court found that any communication with the Father posed risks of psychological harm to the children. Consequently, the Court made orders for the children to live solely with the Mother, with the Mother having sole parental responsibility for all major long-term decisions. The Court ordered that the children spend no time with the Father and that the Mother be at liberty to relocate with the children.
Furthermore, the Court made extensive injunctive orders for the personal protection of both the Mother and the children, pursuant to sections 68B and 68C of the *Family Law Act 1975* (Cth). These injunctions included restraining the Father from assaulting, harassing, or molesting the Mother or the children, and from initiating or sustaining any communication with them. The Father was also restrained from approaching or being within specified distances of the Mother, the children's home, and their schools. The Court also ordered the removal of children's images from the internet and the delivery of the children's passports to the Mother, and permitted the Mother to take the children out of Australia.
Rees J determined that the children were enmeshed with the Father and that the risk of harm to them in his care was not mitigated by supervised time. The Court found that any communication with the Father posed risks of psychological harm to the children. Consequently, the Court made orders for the children to live solely with the Mother, with the Mother having sole parental responsibility for all major long-term decisions. The Court ordered that the children spend no time with the Father and that the Mother be at liberty to relocate with the children.
Furthermore, the Court made extensive injunctive orders for the personal protection of both the Mother and the children, pursuant to sections 68B and 68C of the *Family Law Act 1975* (Cth). These injunctions included restraining the Father from assaulting, harassing, or molesting the Mother or the children, and from initiating or sustaining any communication with them. The Father was also restrained from approaching or being within specified distances of the Mother, the children's home, and their schools. The Court also ordered the removal of children's images from the internet and the delivery of the children's passports to the Mother, and permitted the Mother to take the children out of Australia.
Details
Key Legal Topics
Areas of Law
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Family Law
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Negligence & Tort
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Jurisdiction
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Breach
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Duty of Care
Actions
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Citations
MILLARD & MILLARD [2020] FamCA 107
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
7