Pelham and Pelham (No 2)

Case

[2019] FamCA 694

19 July 2019


Details
AGLC Case Decision Date
Pelham and Pelham (No 2) [2019] FamCA 694 [2019] FamCA 694 19 July 2019

CaseChat Overview and Summary

In *Pelham and Pelham (No 2)*, Forrest J of the Family Court of Australia made orders concerning the living arrangements and parental responsibility for three children, X, Y, and Z. The proceedings involved a dispute between the parents regarding the children's welfare and development.

The court was required to determine the primary residence of the children, the allocation of parental responsibility for long-term decisions, and the extent of contact and communication permitted between the children and their mother. Additionally, the court considered the disclosure of court documents and reports to therapeutic professionals and the mother's proximity to the children and their educational institutions.

Forrest J ordered that the children live with the father and that he have sole parental responsibility for all long-term decisions concerning their care, welfare, and development. The mother was prohibited from spending any time with the children for at least six months, and thereafter, only with the father's written consent or a further court order. Similarly, communication between the mother and children via telephone, text, or email was restricted for at least three months, with subsequent communication subject to the father's consent or court order. The court also granted leave for both parents to provide specified reports and judgments to counsellors or therapists, and imposed restrictions on the mother approaching the children or their schools, while permitting the father to provide the orders to school staff. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

M v M [1988] HCA 68
M v M [1988] HCA 68