Nimmo and Silva

Case

[2014] FCCA 160

13 February 2014


Details
AGLC Case Decision Date
Nimmo and Silva [2014] FCCA 160 [2014] FCCA 160 13 February 2014

CaseChat Overview and Summary

In *Nimmo and Silva*, heard by Judge Halligan, the dispute concerned parenting orders for a child born in 2003. The orders made by the court indicate a significant shift in the child's living arrangements and the extent of the father's involvement.

The court was required to determine the appropriate parenting arrangements for the child, including issues of parental responsibility, where the child would live, the nature and extent of the father's time with the child, and the extent of any communication between the father and the child. Furthermore, the court considered the need for protection orders for both the mother and the child, and the circumstances under which the mother might travel internationally with the child.

The court discharged all prior parenting orders and made new orders granting the mother sole parental responsibility and stipulating that the child live with the mother. Crucially, the father was ordered to spend no time with the child and have no communication other than by post, with specific limitations on the content of such communications. The father was also restrained from approaching or contacting the mother or child, with these orders carrying the power of arrest under sections 68B and 68C of the *Family Law Act 1975*. The mother was permitted to take the child out of Australia for limited periods each year, and the father was to be provided with school reports and other documents at his expense.
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

4

Goode & Goode [2006] FamCA 1346
MRR v GR [2010] HCA 4