Preston and Baker and Anor

Case

[2014] FCCA 1329

24 June 2014


Details
AGLC Case Decision Date
Preston and Baker and Anor [2014] FCCA 1329 [2014] FCCA 1329 24 June 2014

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Harland in relation to the children X and Y. The proceedings involved a contravention application brought by the Father against the Mother.

The court was required to determine the future parenting arrangements for the children, including the allocation of parental responsibility and the specific time the children would spend with each parent. Additionally, the court had to consider the contravention application brought by the Father against the Mother.

Judge Harland ordered that all previous parenting orders be discharged. The Father was granted sole parental responsibility for the children. The court then set out detailed arrangements for the children's time with the Mother, including specific days during school terms and a complex schedule for school holidays, which was to continue irrespective of days of significance unless otherwise agreed in writing. The orders also included provisions for Mother's Day and Father's Day. Crucially, the court issued several injunctions, including preventing the Mother from removing the children's clothing at changeovers, ensuring the children attend school or day care, and preventing the Mother from attending the children's school or day care. Provisions were also made for interstate and overseas travel, including notice periods and the exchange of passports. The Mother was found guilty of one contravention of previous orders and ordered to pay the Father's costs for the contravention application.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Preston & Baker and Anor [2012] FMCAfam 308
Suell & Suell (Re-Opening) [2009] FamCA 55
MRR v GR [2010] HCA 4