Pender and Percival

Case

[2016] FamCA 1185

20 December 2016


Details
AGLC Case Decision Date
Pender and Percival [2016] FamCA 1185 [2016] FamCA 1185 20 December 2016

CaseChat Overview and Summary

In *Pender and Percival*, heard by Gill J, the dispute concerned the living arrangements and parental responsibility for two children, B and C. The applicant mother sought orders regarding these matters, and the respondent father was also a party to the proceedings.

The court was required to determine the primary caregiver for the children, who should hold parental responsibility, and the extent to which the respondent father should be permitted contact with or proximity to the children. The orders sought by the applicant mother indicated a need for significant restrictions on the father's involvement.

Gill J ordered that the children live with the applicant mother until further order and that the mother have sole parental responsibility for them. Furthermore, the respondent father was restrained from removing the children from the mother's care except by written agreement or court order. The court also imposed a significant restriction on the father, restraining him from being within 100 metres of the children, save for circumstances permitted by an order under the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

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