Pretorius and Lemaire
Case
•
[2017] FCCA 3240
•21 December 2017
Details
AGLC
Case
Decision Date
Pretorius and Lemaire [2017] FCCA 3240
[2017] FCCA 3240
21 December 2017
CaseChat Overview and Summary
In the matter of *Pretorius and Lemaire*, heard before Judge Burchardt, the dispute concerned parenting orders for two children. The mother sought sole parental responsibility and orders for the children to live with her and spend no time with the father, while the father had filed an Amended Response seeking different orders.
The court was required to determine whether to discharge existing parenting orders and, if so, what new orders were in the best interests of the children. Specifically, the court had to consider the mother's application for sole parental responsibility, the children to live with her, and for the children to spend no time with the father, as well as the father's dismissed Amended Response. The court also considered the discharge of the Independent Children's Lawyer.
Judge Burchardt ordered the discharge of all extant parenting orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with the mother. Crucially, the court ordered that the children spend no time with the father. The father's Amended Response filed on 17 August 2015 was dismissed, and the appointment of the Independent Children’s Lawyer was discharged.
The court was required to determine whether to discharge existing parenting orders and, if so, what new orders were in the best interests of the children. Specifically, the court had to consider the mother's application for sole parental responsibility, the children to live with her, and for the children to spend no time with the father, as well as the father's dismissed Amended Response. The court also considered the discharge of the Independent Children's Lawyer.
Judge Burchardt ordered the discharge of all extant parenting orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with the mother. Crucially, the court ordered that the children spend no time with the father. The father's Amended Response filed on 17 August 2015 was dismissed, and the appointment of the Independent Children’s Lawyer was discharged.
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Areas of Law
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Family Law
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Pretorius and Lemaire [2017] FCCA 3240
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