ZEEGAS & DUFF

Case

[2015] FCCA 865

28 April 2015


Details
AGLC Case Decision Date
Zeegas and Duff [2015] FCCA 865 [2015] FCCA 865 28 April 2015

CaseChat Overview and Summary

In the matter of *Zeegas & Duff*, heard by Judge Henderson, the dispute concerned parenting orders for a child, X, born in 2010. The proceedings involved the child's mother and father, Mr Zeegas.

The court was required to determine the primary caregiver for child X, whether the child should spend time with the father, and the extent to which the father should be restrained from communicating with or approaching the mother and children. Further issues included the father's ability to remove child X from Australia and the mother's ability to obtain passports and travel internationally with the child.

Judge Henderson made orders granting the mother sole parental responsibility for child X, with the child to live with the mother. Crucially, the court ordered that child X spend no time with or have any communication with the father. The father was also injuncted and restrained from communicating with the mother or children, and from approaching their home, school, or any extra-curricular activity locations, pursuant to section 68B of the *Family Law Act 1975*. The father was also restrained from removing or attempting to remove child X from the Commonwealth of Australia.

The court further ordered that the father could be arrested without warrant if a police officer believed on reasonable grounds that he had breached the injunctions. The Marshal of the Federal Circuit Court and officers of the Australian Federal Police and state/territory police forces were requested to give effect to these orders, including placing child X's name on the Airport Watch List. The mother was permitted to apply for and renew passports for child X without the father's consent and was entitled to remove the child from the Commonwealth of Australia, with provisions for managing the child's presence on the Airport Watch List. The mother was also permitted to provide a copy of the orders to the child's educational and extra-curricular institutions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

B & B [1988] HCA 66
MRR v GR [2010] HCA 4