Ryeburn and Ryeburn (No. 2)

Case

[2010] FamCA 882

1 October 2010


Details
AGLC Case Decision Date
Ryeburn and Ryeburn (No. 2) [2010] FamCA 882 [2010] FamCA 882 1 October 2010

CaseChat Overview and Summary

In the matter of *Ryeburn and Ryeburn (No. 2)*, Murphy J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for two children, J and H. The dispute centred on the arrangements for the children and the communication between the parents and the children, as well as the dissemination of information about the proceedings.

The court was required to determine the extent of parental responsibility, where the children should live, and the conditions under which information about the children and the proceedings could be shared. Crucially, the court also had to consider the role and future involvement of the Independent Children's Lawyer (ICL) and the restrictions to be placed on the parents regarding the publication and discussion of the proceedings.

Murphy J ordered that the mother have sole parental responsibility for both children and that they live with her. The appointment of the ICL was to cease after 12 months, but prior to that, the ICL was authorised to publish an account of the orders and reasons to specific government departments, educational institutions, and treating medical practitioners. The court also imposed significant restrictions on both parents, enjoining them from discussing the proceedings with the children and from publishing any account of the proceedings, save as expressly permitted. The mother was directed to facilitate the provision of information about the children to the father, including school reports and medical information, at her expense. The father was permitted to send written communications and gifts to the children, with copies to be provided to the ICL for a period of 12 months. After this period, if the ICL's appointment had ceased, the father would be at liberty to publish an account of the proceedings to the same parties as the ICL was initially authorised to inform. All other outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

1

Tobey and Rezek (No.3) [2011] FMCAfam 1336
Cases Cited

4

Statutory Material Cited

2

Marsden & Winch (No. 3) [2007] FamCA 1364