Raikes and Raikes
Case
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[2020] FCCA 787
•30 March 2020
Details
AGLC
Case
Decision Date
Raikes and Raikes [2020] FCCA 787
[2020] FCCA 787
30 March 2020
CaseChat Overview and Summary
In *Raikes and Raikes*, heard by Judge Terry, the mother sought orders concerning the parties' child, X. The father was absent from the proceedings.
The court was required to determine the parenting arrangements for the child, including issues of parental responsibility, residence, and the nature and extent of any contact between the child and the father. The court also considered the need for protective orders for the child and the mother's ability to obtain travel documents for the child.
The court granted the mother sole parental responsibility and ordered that the child live with her. Crucially, the court ordered that the child spend no time with and have no communication with the father, and made specific restraining orders against the father pursuant to section 68B of the *Family Law Act 1975* (Cth) for the child's personal protection. These orders prohibited the father from approaching or removing the child from school, carers, or extracurricular activities, approaching the child's home, or contacting the child. The mother was also restrained from facilitating any contact between the child and the father. The court further permitted the mother to obtain passports for the child and travel internationally without the father's consent, pursuant to section 65Y(2)(b) of the *Family Law Act 1975* (Cth) and section 11(1)(b) of the *Australian Passports Act 2005*. The father's MIN number was to be obtained and a copy of the orders posted to him at his correctional facility. The notation indicated that the father could apply in the future for orders permitting contact, but this would require him to address his offending, its impact on the child, and provide assurances of the child's safety, failing which his application might be summarily dismissed.
The court was required to determine the parenting arrangements for the child, including issues of parental responsibility, residence, and the nature and extent of any contact between the child and the father. The court also considered the need for protective orders for the child and the mother's ability to obtain travel documents for the child.
The court granted the mother sole parental responsibility and ordered that the child live with her. Crucially, the court ordered that the child spend no time with and have no communication with the father, and made specific restraining orders against the father pursuant to section 68B of the *Family Law Act 1975* (Cth) for the child's personal protection. These orders prohibited the father from approaching or removing the child from school, carers, or extracurricular activities, approaching the child's home, or contacting the child. The mother was also restrained from facilitating any contact between the child and the father. The court further permitted the mother to obtain passports for the child and travel internationally without the father's consent, pursuant to section 65Y(2)(b) of the *Family Law Act 1975* (Cth) and section 11(1)(b) of the *Australian Passports Act 2005*. The father's MIN number was to be obtained and a copy of the orders posted to him at his correctional facility. The notation indicated that the father could apply in the future for orders permitting contact, but this would require him to address his offending, its impact on the child, and provide assurances of the child's safety, failing which his application might be summarily dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Standing
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Summary Judgment
Actions
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Citations
Raikes and Raikes [2020] FCCA 787
Cases Citing This Decision
0
Cases Cited
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Statutory Material Cited
2