Stone and Stone

Case

[2013] FamCA 1154

18 April 2013


Details
AGLC Case Decision Date
Stone and Stone [2013] FamCA 1154 [2013] FamCA 1154 18 April 2013

CaseChat Overview and Summary

In *Stone and Stone*, Forrest J considered parenting orders concerning two children, B and C. The dispute involved the father, Mr Stone, and the mother, Ms Stone, with the Independent Children's Lawyer also participating. The court was required to determine the living arrangements for the children and the extent of their contact with their mother and maternal grandparents.

The central legal issues before the court were the best interests of the children, B and C, in relation to their residence and their contact with their mother and maternal grandparents. The court also had to consider orders to prevent the children from leaving the Commonwealth of Australia.

Forrest J ordered that the children, B and C, live with the father. Crucially, the court ordered that, unless otherwise agreed in writing by the father, mother, and Independent Children's Lawyer, the children were not to spend time with or communicate with the mother or the maternal grandparents. The court also made orders restraining the father, mother, and the children from removing the children from the Commonwealth of Australia, and requested the Australian Federal Police to place the children's names on the Airport Watch List for two years. The trial was adjourned part-heard for further hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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