West and West
Case
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[2015] FamCA 839
•8 October 2015
Details
AGLC
Case
Decision Date
West and West [2015] FamCA 839
[2015] FamCA 839
8 October 2015
CaseChat Overview and Summary
In *West and West*, heard before Tree J, the dispute concerned parenting orders for three children, B, C, and D. The orders addressed parental responsibility, with whom the children would live, and imposed significant restraints and injunctions upon the father, Mr West.
The court was required to determine the appropriate parenting arrangements for the children, including the allocation of parental responsibility and the children's living arrangements. Furthermore, the court had to consider the necessity and scope of personal protection orders and injunctions against the father, particularly in light of concerns for the safety of the mother and the children. The court also considered the role and discharge of the Independent Children's Lawyer.
Tree J ordered that the mother have sole parental responsibility for the children and that the children live with her. The father was restrained from spending any time or communicating with the children. Crucially, pursuant to sections 68B and 114 of the *Family Law Act 1975* (Cth), the father was prohibited from harassing, molesting, or stalking the mother and children, causing or threatening bodily harm, approaching their residences or places of employment within 50 metres, and attempting to contact or approach the children or their school. The orders also provided for the father's arrest without warrant by police if there were reasonable grounds to believe he had breached the injunction by causing or threatening bodily harm or by harassing, molesting, or stalking. The Independent Children's Lawyer was discharged upon the expiration of the appeal period or the determination of any appeal.
The court was required to determine the appropriate parenting arrangements for the children, including the allocation of parental responsibility and the children's living arrangements. Furthermore, the court had to consider the necessity and scope of personal protection orders and injunctions against the father, particularly in light of concerns for the safety of the mother and the children. The court also considered the role and discharge of the Independent Children's Lawyer.
Tree J ordered that the mother have sole parental responsibility for the children and that the children live with her. The father was restrained from spending any time or communicating with the children. Crucially, pursuant to sections 68B and 114 of the *Family Law Act 1975* (Cth), the father was prohibited from harassing, molesting, or stalking the mother and children, causing or threatening bodily harm, approaching their residences or places of employment within 50 metres, and attempting to contact or approach the children or their school. The orders also provided for the father's arrest without warrant by police if there were reasonable grounds to believe he had breached the injunction by causing or threatening bodily harm or by harassing, molesting, or stalking. The Independent Children's Lawyer was discharged upon the expiration of the appeal period or the determination of any appeal.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Appeal
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Breach
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Remedies
Actions
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Citations
West and West [2015] FamCA 839
Most Recent Citation
WEST & WEST [2016] FamCAFC 238
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