Persall and Lenahan

Case

[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.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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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