Rowe and Nishimura

Case

[2015] FCCA 208

3 February 2015


Details
AGLC Case Decision Date
Rowe and Nishimura [2015] FCCA 208 [2015] FCCA 208 3 February 2015

CaseChat Overview and Summary

In the matter of *Rowe and Nishimura*, Judge Riley of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for a child, [X], born in 2008. The dispute involved the mother, Ms Nishimura, and the father, Mr Rowe, regarding the welfare and care of their child.

The court was required to determine the appropriate orders for parental responsibility, the child's residence, and the nature and extent of the father's time with the child. Additionally, the court considered orders to protect the child, including prohibitions on denigration, proximity restrictions for the father, and measures to prevent the child's removal from the Commonwealth of Australia. The court also addressed the father's psychiatric treatment and his participation in various programs aimed at improving his parenting capacity and managing his behaviour.

Judge Riley ordered that the mother have sole parental responsibility for [X] and that [X] live with her. The father was granted supervised time with [X] up to once per calendar month at a designated children's contact service, with an additional provision for supervised time in other months if the father met the costs. The orders included significant restrictions on the father, such as being restrained from denigrating the mother in the child's presence, maintaining a minimum distance from the child's home and school, and continuing psychiatric treatment. The father was also directed to attend several programs, including anger management, a men's behaviour change program, and parenting courses, with certificates of completion to be provided to the mother.

The court also made orders to prevent [X]'s removal from Australia, including restraining both parents and the child from leaving the Commonwealth until 3 February 2020, and retaining the child's passport. The Marshal and officers of the Australian Federal Police were directed to take all necessary steps to give effect to these orders, including placing [X]'s name on the airport watch list. The independent children's lawyer was to be discharged in 90 days, after assisting the father in identifying appropriate programs and consultants.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

3

O'Keefe & O'Keefe [2009] FamCA 382