MITFORD & LAIDLER

Case

[2015] FCCA 1273

20 May 2015


Details
AGLC Case Decision Date
Mitford and Laidler [2015] FCCA 1273 [2015] FCCA 1273 20 May 2015

CaseChat Overview and Summary

In the matter of Mitford & Laidler, Judge Small considered parenting orders concerning two children, born in 1999 and 2007. The dispute involved the allocation of parental responsibility and the nature and extent of the father's contact with the children.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of sole parental responsibility, the children's residence, the father's time with the children, communication between the father and children, and injunctive relief to protect the children and the mother.

Judge Small ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility, and the children were to live with her. The father's time with the children was to be at their express wish, facilitated by the mother at her discretion. The mother retained the sole discretion regarding supervision of any time spent between the father and children. The father was permitted limited communication with the children, with the mother having the right to review and withhold communications. Crucially, the father was restrained by injunction from attending within 200 metres of the mother's home, workplace, or the children's school, and from attending their extracurricular activities, unless expressly invited in writing by the mother. He was also restrained from other forms of contact, save for responding to communications initiated by the children, and was required to cease communication upon their request. The father was permitted to obtain school reports and photographs at his own expense. Both parties were enjoined from denigrating each other or discussing proceedings in the children's presence, and from showing or interpreting the judgment to the children except for specific explained provisions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

KEDVES & SEGAL [2020] FCCA 67
KEDVES & SEGAL [2020] FCCA 67
Tait & Densmore [2007] FamCA 1383