OSCAR & DELWARE
Case
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[2012] FamCA 211
•5 April 2012
Details
AGLC
Case
Decision Date
OSCAR & DELWARE [2012] FamCA 211
[2012] FamCA 211
5 April 2012
CaseChat Overview and Summary
In the matter of *Oscar & Delware*, Benjamin J of the Family Court of Australia made orders concerning the parenting of a child, B Delware Oscar, born in July 2008. The dispute involved the mother, Ms Delware, and the father, Mr Oscar, regarding the child's upbringing and contact arrangements.
The court was required to determine the primary caregiver for the child, the extent of parental responsibility to be allocated, and the nature and frequency of any communication or contact between the child and the father and his family. Additionally, the court considered measures to prevent the child's international travel and to ensure the father's extended family was informed of the orders and their ability to communicate with the child.
Benjamin J ordered that all previous parenting orders be vacated. Ms Delware was granted sole parental responsibility, including the exclusive right to determine the child's residence within Australia, and the child was ordered to live with her. The father and his family were permitted limited communication with the child through cards and letters on specific occasions, with the mother responsible for ensuring the appropriateness of any written material. The father was otherwise restrained from spending time with or communicating with the child, or approaching the child's home, school, or the mother's place of employment, except as specifically provided. The court also made orders for the father to provide contact details for his parents and sisters, and for the Independent Children's Lawyer to inform them of the communication arrangements and provide them with a copy of the orders. To prevent the child's removal from Australia, the court requested the Australian Federal Police place the child's name on the airport watch list until 1 January 2020.
The court was required to determine the primary caregiver for the child, the extent of parental responsibility to be allocated, and the nature and frequency of any communication or contact between the child and the father and his family. Additionally, the court considered measures to prevent the child's international travel and to ensure the father's extended family was informed of the orders and their ability to communicate with the child.
Benjamin J ordered that all previous parenting orders be vacated. Ms Delware was granted sole parental responsibility, including the exclusive right to determine the child's residence within Australia, and the child was ordered to live with her. The father and his family were permitted limited communication with the child through cards and letters on specific occasions, with the mother responsible for ensuring the appropriateness of any written material. The father was otherwise restrained from spending time with or communicating with the child, or approaching the child's home, school, or the mother's place of employment, except as specifically provided. The court also made orders for the father to provide contact details for his parents and sisters, and for the Independent Children's Lawyer to inform them of the communication arrangements and provide them with a copy of the orders. To prevent the child's removal from Australia, the court requested the Australian Federal Police place the child's name on the airport watch list until 1 January 2020.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
OSCAR & DELWARE [2012] FamCA 211
Most Recent Citation
Oscar & Delaware; Oscar & Austen [2014] FamCAFC 32
Cases Cited
3
Statutory Material Cited
2
Hartford & Ansilda
[2009] FamCA 23
M v M
[1988] HCA 68
J v Lieschke
[1987] HCA 4