RABY & FISK
Case
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[2013] FamCA 436
•11 June 2013
Details
AGLC
Case
Decision Date
RABY & FISK [2013] FamCA 436
[2013] FamCA 436
11 June 2013
CaseChat Overview and Summary
In the matter of RABY & FISK, Cronin J made orders concerning the parental responsibility and living arrangements for three children. The dispute involved the father and mother of the children, T Fisk, S Fisk, and B Fisk.
The court was required to determine the appropriate orders regarding parental responsibility, the children's residence, and the father's communication with the children. Additionally, the court considered the need for injunctive relief to protect the mother and children, and the discharge of the Independent Children's Lawyer.
Cronin J ordered that the mother have sole parental responsibility for the children and that they live with her. The father was granted liberty to communicate with the children by sending cards, letters, or gifts, with the mother to ensure the children received them. The father was restrained by injunction from attending at or in the vicinity of the mother's home and the children's school during school hours. The mother was ordered to keep the father advised of the children's school. Both parties were required to keep each other advised of their contact addresses. The appointment of the Independent Children's Lawyer was discharged, and all proceedings were otherwise dismissed, save for any application for costs. The court also certified that it was reasonable to engage counsel and that particulars of the orders and consequences of contravention were set out in an attached Fact Sheet. Provisions were made for the filing and service of written submissions regarding costs.
The court was required to determine the appropriate orders regarding parental responsibility, the children's residence, and the father's communication with the children. Additionally, the court considered the need for injunctive relief to protect the mother and children, and the discharge of the Independent Children's Lawyer.
Cronin J ordered that the mother have sole parental responsibility for the children and that they live with her. The father was granted liberty to communicate with the children by sending cards, letters, or gifts, with the mother to ensure the children received them. The father was restrained by injunction from attending at or in the vicinity of the mother's home and the children's school during school hours. The mother was ordered to keep the father advised of the children's school. Both parties were required to keep each other advised of their contact addresses. The appointment of the Independent Children's Lawyer was discharged, and all proceedings were otherwise dismissed, save for any application for costs. The court also certified that it was reasonable to engage counsel and that particulars of the orders and consequences of contravention were set out in an attached Fact Sheet. Provisions were made for the filing and service of written submissions regarding costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
RABY & FISK [2013] FamCA 436
Most Recent Citation
Wyles and Batchelor [2018] FamCA 369
Cases Cited
0
Statutory Material Cited
1