PEYTON & BRIFFA

Case

[2014] FamCA 903

19 September 2014


Details
AGLC Case Decision Date
PEYTON & BRIFFA [2014] FamCA 903 [2014] FamCA 903 19 September 2014

CaseChat Overview and Summary

In the matter of *Peyton & Briffa*, Cronin J of the Family Court of Australia considered an application by the mother concerning parenting orders for three children. The dispute involved the mother seeking to proceed without further notice to the father and to obtain sole parental responsibility for the children, with the children to live with her and the father to be restrained from any contact.

The court was required to determine whether to grant the mother leave to proceed without further notice to the father, whether to discharge existing parenting orders, and whether to make new orders granting the mother sole parental responsibility, stipulating that the children live with her, and enjoining the father from any contact. The court also had to consider the particulars of the obligations and consequences of any contravention of the proposed orders, as required by ss 65DA(2) and 62B of the relevant legislation.

Cronin J ordered that the mother have leave to proceed without further notice to the father and discharged all extant parenting orders. The court made orders granting the mother sole parental responsibility for the children, stipulating that the children live with the mother, and enjoining the father from having any contact with the children. The court further ordered that particulars of the obligations and consequences of contravention be set out in a fact sheet attached to the orders, and that a copy of the order be served on the father by post to his last known addresses. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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