Sheenan and Sheenan

Case

[2012] FamCA 383

24 May 2012


Details
AGLC Case Decision Date
Sheenan and Sheenan [2012] FamCA 383 [2012] FamCA 383 24 May 2012

CaseChat Overview and Summary

In the matter of Sheenan and Sheenan, Cronin J made orders concerning the parental responsibility and living arrangements for three children. The dispute involved applications by the wife and a response from the husband, which were otherwise dismissed by the court.

The court was required to determine the appropriate orders for the children's residence, parental responsibility, and the extent of the husband's contact with them, particularly in light of an existing family violence order. A key issue was how to balance the children's best interests with the need to protect them from family violence, and to manage communication between the husband and children.

Cronin J ordered that the wife have sole parental responsibility for the children and that they live with her. The husband was restrained from communicating with or coming into the presence of the children, except with the wife's written agreement. The court permitted the husband to send age-appropriate cards, letters, and presents, provided they related to his and his family's lives. However, the responsibility for delivering these communications to the children was vested in the wife, who was to ensure they met the specified criteria. To facilitate this, the wife was to establish a postal box at the husband's expense, and the husband was to refund the costs. The wife was to provide the postal box details to the husband, and if payment was not received within a month, she could cancel the box. The court also clarified that these orders were consistent with the existing family violence order and did not expose the affected persons to an unacceptable risk of family violence. The husband was specifically prohibited from attending at any post office mentioned in the orders or approaching the wife while she collected communications.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Cases Cited

2

Statutory Material Cited

2

KMB & PRL [2005] FamCA 1202
Marsden & Winch (No. 3) [2007] FamCA 1364