Pinfold and Crammond

Case

[2019] FamCA 618

3 September 2019


Details
AGLC Case Decision Date
Pinfold and Crammond [2019] FamCA 618 [2019] FamCA 618 3 September 2019

CaseChat Overview and Summary

This matter concerned parenting orders for two children, X and Y, born in 2010 and 2013 respectively. The dispute was before Johnston J of the Family Court of Australia.

The court was required to determine the parental responsibility for the children, where they would live, and the arrangements for the father to spend time with them. Additionally, the court needed to establish protocols for changeovers, communication between parents, and the father's involvement in the children's schooling and healthcare. The court also considered the need for injunctive relief to restrain certain behaviours between the parents.

Johnston J made orders discharging all previous parenting orders. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father's time with the children was significantly restricted initially, with a gradual increase in contact commencing in October 2019, including alternate weekends, specific holiday periods, and alternate Christmas days. Detailed provisions were made for changeovers, including location and the requirement for parents to attend alone. The orders also stipulated that each parent would keep the other informed of contact details and that the father would be permitted to attend school functions and contact the children's school. The mother was to keep the father informed in writing of specialist appointments, and the father was at liberty to contact these specialists. In the event of a medical emergency, the attending parent was to contact the other parent forthwith.

Furthermore, injunctive relief was granted, restraining both parents from abusing or denigrating the other, discussing proceedings in the presence or hearing of the children, or permitting others to do so. Both parents were also restrained from posting photographs of the children on social media and were required to take steps to ensure their immediate and extended families did not do so.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209