Mitchell and Mitchell

Case

[2017] FamCA 305

16 May 2017


Details
AGLC Case Decision Date
Mitchell and Mitchell [2017] FamCA 305 [2017] FamCA 305 16 May 2017

CaseChat Overview and Summary

In the matter of *Mitchell and Mitchell*, heard by Gill J, the dispute concerned orders relating to the father, Mr Mitchell, and his contact with his three children, X, Y, and Z. The proceedings involved the suspension of existing time orders and the imposition of injunctions for the personal protection of the children and Ms Mitchell.

The court was required to determine whether to suspend existing orders that provided for Mr Mitchell to spend time with his children, and whether to grant injunctions restraining Mr Mitchell from communicating with the children and from approaching within a specified distance of them, Ms Mitchell, their home, and their school. The court also considered whether to discharge certain prior orders made by Justice Gill on 4 May 2017.

Gill J ordered the suspension of previous orders that facilitated Mr Mitchell's time with X, Y, and Z, and also suspended orders for telephone contact. Furthermore, the court discharged specific prior orders made by Justice Gill. Crucially, Mr Mitchell was restrained by injunction from communicating with the children and from approaching within 250 metres of Ms Mitchell, the children, their home address, and their school. These orders were made for the personal protection of the named individuals.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Appeal

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Mitchell and Mitchell [2014] FCCA 2526
Goode & Goode [2006] FamCA 1346
Deiter & Deiter [2011] FamCAFC 82