restrained

A question arose about how to manage a recording that one parent wanted to submit to a single expert witness.  A father had recorded conversations that he alleged contained threats to him, and he produced 1000...

Four children were involved, born of two fathers.  The applicant was father of the youngest child aged 10 years, and he had acted as a father-figure for all four children for 7 years when the couple...

The case involved a girl aged 12 years whose parents had been in ongoing conflict since they separated when she was aged 5 years (intractable conflict).  The child was described as mature. The judge noted there...

Four children had lived with their mother since separation and had recently recommenced spending time with their father.  The mother alleged significant and sustained physical and sexual abuse against both herself and the children but the father denied...

The father of children aged 15 and 13 years alleged that his ex-partner’s new husband posed an unacceptable risk of sexual abuse as the new husband was on the sexual offenders register following an incident 7 years...

A mother was raised as Christian by her parents who had worked as missionaries.  The mother converted to Islam and met a partner who considered her to be a devout Muslim.  The couple married and had two...

The case involved a 14 year old who felt hopeless due to the ongoing conflict over him between the parents that had continued since the parents finally separated four years earlier.  The boy lived with the...

Parents of four children aged between 14 and 5 years had been in high conflict for some years.  The judge found that the father and paternal family had made 34 allegations to the child protection department...

Parents disputed the living arrangement of a child aged 4 years with mild autism.  Both parents acknowledged that the child’s behaviour was at times trying.  The father reported that the mother frequently became angry over the...

The case involved a child aged 3 years who lived with the mother and spent time with the father, where the parents had separated a year earlier.  The father alleged that the child was at risk...

The judge issued orders to facilitate contact between a child aged 6 years and the father. The judge ordered the parties to engage a psychologist who was nominated by the ICL to meet the child for...

Parents separated after living together for about a year, and the child was aged 3 years at the time of the hearing.  The child’s name was registered as being named after the paternal grandfather.  However the...

The mother applied to commence further proceedings, but had been restrained from filing further applications to reverse orders except with leave of a judge.  The mother’s affidavit alleged child abuse by the father and domestic violence...

Prior to the hearing when the child was aged 7 years, the mother had removed the child to a secret location and the father did not see the child for 2 years. Both parents alleged that...

The child was aged 6 years at the time of the hearing, and had been previously cared for by the mother, father and paternal grandmother.  The mother was aged 16 years when the child was born,...

The child aged 7 years had been in the primary care of the mother until the child disclosed incidents of family violence that had been perpetrated by the mother’s partner in a new relationship.  The child...

The case involved a child aged 13 years who was diagnosed with ADHD and who took Ritalin.  The child had been on a week-about shared care arrangement with both parents.  Both parents had re-partnered.  The mother...

The case involved a father who admitted using pornography but denied any suggestion of using child pornography.   The father had been acquitted of a charge of sexual misconduct involving his niece.  An allegation had been made...

Parents of a child aged 12 years referred the child to an assessing psychologist following their separation as the child was not coping with the separation.  The psychologist asked the parents to sign a form agreeing that...

The father left the mother and later established a new relationship (re-partnered).  The father then applied for his 10 year old daughter to live with him although she would be separated from her two older siblings...

At the request of a mother, a judge issued a specific order that the father be restrained from leaving his child aged 4 years in the sole care of his family members (restrained from contact with...

A couple separated and had a son aged 7 years at the time of the hearing.  The mother re-partnered. The child lived with the mother and spent time with the father.  The father requested sole parental...

A child aged 10 years at the final hearing had lived in a shared care arrangement with both parents, then lived with her father and spent time with her mother and sisters. The mother had persistently...

A couple cohabited for about ten years before separating, had two daughters aged 11 and 9 years at the time of the hearing, and had engaged in legal proceedings for 5 years after separation.  The father...

The parents separated after 3 years of living together and had a daughter aged 6 years who had been living with her mother. When the child was aged 20 months the mother reported that the daughter...

Two girls were aged 5 and 6 years.  The girls lived with their mother who had chronic schizophrenia and their grandmother.  The mother had a further child aged 14 years who lived with her father.  The...

The case involved a father who had suffered severe brain damage following an MVA, was classified as being permanently impaired, and received a pension (parental disability).  The father was considered to be unable to understand the...

It was agreed in a consent order that the father be restrained from alcohol use and restrained from use of illicit substances for 12 hours prior to receiving his children into his care.  ...Read More

The parents separated with a child aged 8 years.  The mother left the home with the child and moved to a secret location after alleging domestic violence and alcohol abuse by the father.  The mother was concerned...

A trial judge renewed orders that had previously granted unqualified sole parental responsibility to the mother by adding two conditions: first that two children participate in therapy to facilitate the children spending time with their paternal...

The father had arrived in Australia on a visitor’s visa and sought a visa for permanent residency.  The father had been in relationships with two women (Ms A & Ms D) within a 2 year period and...

A couple had a son aged 9 years at the time of judgement.  The couple had lived separately under the same roof for a period.   The father ceased being the earner for the household following a...

Parents of a child aged 12 years had engaged in dispute about access for 7 years.  The child then expressed a strong view to several professionals that she no longer wanted contact with her father (child’s wishes)....

A judge ordered that two children aged 3 and 6 years live with their mother and spend daytime periods with their father who had re-partnered.  The judge ordered that the father’s de facto spouse be restrained...

The mother of a 3 year old had commenced a relationship with a new partner (re-partnered).  The father asked for an order to prevent their daughter from coming into contact with the mother’s new partner. The...

The case involved a girl aged 12 years whose parents had engaged in legal disputes for most of her life.  The girl lived with her father.  The mother asked the judge to change a final order...

A judge restrained a mother and child aged 3 years from relocating more than 20 kilometres from the father’s residence unless the father’s consented (restrained from relocating).  The child spent 5 nights per fortnight with the...

A mother of children aged 7.5 years and 5.5 years alleged that the father had been violent throughout their relationship and this had continued after their separation.  The alleged family violence included isolation, controlling behaviour, dominance,...

A judge made orders that did not allow children aged 11 and 7 years to spend time with their father (restrained from contact).  The father appealed. Evidence had been presented about various incidents involving the father. ...

A separated couple attended post-separation courses, and contact by the father was supervised by an agency (supervision by agency).  The mother reported to the family law court that she had received two phone calls from a...

A couple lived together for a short time and had a son aged 18 months when the case went to court.  The mother had a second child aged 6 years from a previous relationship. The mother...

A couple with eight children separated when three children were under the age of 18 years.  The mother was a fourth generation member of a church that functioned as a closed community.  The father left both...