SULLIVAN & KENDALL (No.2)

Case

[2016] FCCA 254

5 February 2016


Details
AGLC Case Decision Date
Sullivan and Kendall (No.2) [2016] FCCA 254 [2016] FCCA 254 5 February 2016

CaseChat Overview and Summary

In the matter of *Sullivan & Kendall (No.2)*, Judge Scarlett of the Family Court of Australia considered parenting orders concerning two children, aged nine and six, who were living with their mother. The proceedings involved allegations of family violence, and the father did not attend court on the hearing date.

The court was required to determine the most appropriate parenting arrangements for the children, specifically whether to order equal shared parental responsibility, sole parental responsibility, or another form of parental responsibility, always having regard to the best interests of the children. The court also had to consider the costs of the Independent Children’s Lawyer.

Applying the principles of the *Family Law Act 1975* (Cth), the court found that sole parental responsibility for the children should be granted to the mother, and that the children should live with her. The father was to spend time with the children as agreed at the mother's discretion. The court also ordered the father to pay $400 for supervisor's fees relating to previous orders. Injunctions were granted restraining both parents from abusing each other in the children's presence and preventing the removal of the children from Australia until 1 January 2017, with a request for the Australian Federal Police to place the children on the Family Law Watch List. No order for costs was made, with the court noting the father's absence from proceedings and lack of notice regarding any costs application.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

3

SULLIVAN & KENDALL [2015] FCCA 2467