Pollock and Breen-Pollock (No. 3)

Case

[2014] FamCA 1026

19 November 2014


Details
AGLC Case Decision Date
Pollock and Breen-Pollock (No. 3) [2014] FamCA 1026 [2014] FamCA 1026 19 November 2014

CaseChat Overview and Summary

In the matter of Pollock and Breen-Pollock (No. 3), Hannam J of the Federal Circuit Court of Australia made orders concerning the children C and K. The dispute involved the living arrangements and parental responsibility for the children, as well as therapeutic interventions and time spent with each parent.

The court was required to determine the primary residence of the children, the allocation of sole parental responsibility, and the specific arrangements for therapeutic intervention for the children and both parents. Further issues included the nature and duration of the children's time with the mother, including communication, overnight stays, and holiday arrangements, as well as provisions for the children's schooling and communication protocols between the parents. The court also considered the need for an Independent Children’s Lawyer and measures to protect the children from allegations of abuse and denigration.

Hannam J ordered that the children live with the father and that the father have sole parental responsibility. The mother was restrained from attending the children's school. The orders mandated therapeutic intervention for the children and both parents, with specific requirements for engagement with clinicians and communication between them. The court outlined a phased approach to the children's time with the mother, commencing with limited telephone contact and progressing to supervised and then unsupervised overnight stays, with detailed provisions for school holidays and specific dates. The father was granted the discretion to enrol the children in an alternate school, and the Independent Children’s Lawyer's appointment was extended. The court also imposed restrictions on the parents discussing allegations of sexual abuse or denigrating each other in the presence of the children, and requested the Australian Federal Police place the children on the Airport Watchlist.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

  • Standing

  • Judicial Review

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Johnson & Page [2007] FamCA 1235