ACKERMAN & SOLWAY

Case

[2015] FamCA 1096

24 November 2015


Details
AGLC Case Decision Date
ACKERMAN & SOLWAY [2015] FamCA 1096 [2015] FamCA 1096 24 November 2015

CaseChat Overview and Summary

In the matter of *Ackerman & Solway*, Benjamin J of the Family Court of Australia considered an application by the father, Mr Ackerman, for orders regarding spending time with and communicating with his children, B and C. The mother, Ms Solway, sought orders for the children to live with her and for her to have sole parental responsibility.

The court was required to determine the parenting arrangements for the children, specifically whether the father should have contact with them and, if so, under what conditions. The central legal issue revolved around the children's best interests, as mandated by section 60CC of the *Family Law Act 1975* (Cth), in circumstances where the father's contact was potentially detrimental to the children's welfare.

Benjamin J ordered that the mother have sole parental responsibility for the children and that the children live with her. Crucially, the father was restrained from approaching the children or their home and schools without the mother's written consent or a court order. Communication by the father was permitted only through written means, with the condition that the mother could review and approve any letters before they reached the children, and the father was prohibited from delivering these items personally. The court also made orders regarding the disclosure of a single expert report and the discharge of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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