Persall and Lenahan
Case
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[2016] FamCA 413
•27 May 2016
Details
AGLC
Case
Decision Date
Persall and Lenahan [2016] FamCA 413
[2016] FamCA 413
27 May 2016
CaseChat Overview and Summary
In the matter of *Persall and Lenahan*, Foster J of the Federal Circuit Court of Australia considered a dispute concerning the parenting arrangements for two children, B and C. The proceedings involved the mother, Ms Lenahan, and the father, Mr Persall.
The court was required to determine the primary issues of parental responsibility, the children's residence, the extent of contact between the children and each parent, and the need for protective orders for both the mother and the children. The court also considered the role of the Independent Children's Lawyer in recommending counselling for the children.
Foster J ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, the court ordered that the children spend no time with the father. Furthermore, protective orders were made, restraining the father from contacting or approaching the mother by any means, including through a third party, except through his legal representative. The father was also restrained from contacting or approaching the children directly or indirectly. The mother was directed to enrol the children in counselling nominated by the Independent Children's Lawyer, with the ICL's appointment continuing for six months to facilitate compliance.
The court was required to determine the primary issues of parental responsibility, the children's residence, the extent of contact between the children and each parent, and the need for protective orders for both the mother and the children. The court also considered the role of the Independent Children's Lawyer in recommending counselling for the children.
Foster J ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, the court ordered that the children spend no time with the father. Furthermore, protective orders were made, restraining the father from contacting or approaching the mother by any means, including through a third party, except through his legal representative. The father was also restrained from contacting or approaching the children directly or indirectly. The mother was directed to enrol the children in counselling nominated by the Independent Children's Lawyer, with the ICL's appointment continuing for six months to facilitate compliance.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
Actions
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Citations
Persall and Lenahan [2016] FamCA 413
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
MRR v GR
[2010] HCA 4
Mazorski & Albright
[2007] FamCA 520