Turner and Chaconas and Ors

Case

[2016] FamCA 821

28 September 2016


Details
AGLC Case Decision Date
Turner and Chaconas and Ors [2016] FamCA 821 [2016] FamCA 821 28 September 2016

CaseChat Overview and Summary

This matter concerned parenting orders for two children, B and C, born in 2010 and 2014 respectively. The parties involved were the mother, the paternal grandmother, and the father. The dispute revolved around the parental responsibility, residence, and time arrangements for the children, as well as specific issues relating to their education and welfare, and restraints on the father's behaviour. The decision was made by Cleary J.

The court was required to determine the appropriate arrangements for parental responsibility, including whether it should be equal or sole, and the specific periods for which each arrangement would apply. It also needed to establish the children's residence, dictating where they would live and when, and to set out detailed provisions for the children spending time and communicating with both the mother and the paternal grandmother. Furthermore, the court had to consider and make orders regarding the father's contact with the children, including supervision, and to impose injunctions for the personal protection of the mother and children. Specific issues concerning the children's education and medical information also required determination.

Cleary J ordered that all prior parenting orders be discharged. The court made orders for equal shared parental responsibility between the paternal grandmother and the mother until 17 January 2017, after which the mother would have sole parental responsibility. The children were to live with the paternal grandmother until 17 January 2017, and thereafter with the mother. Detailed provisions were made for the children's time with the mother until the changeover date, and for their time with the paternal grandmother and maternal grandmother from that date onwards. The father was restrained by injunction from contacting or approaching the mother, attending her home or place of employment, or attending the maternal grandmother's home. He was also restrained from attending the children's school or preschool. Both parties were restrained from using corporal punishment or criticising each other in the children's presence. Specific orders were made regarding the sharing of educational and medical information, and the mother was authorised to enrol B in Suburb E Public School for the 2017 school year.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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