AKBARI & AKBARI

Case

[2019] FCCA 3752

23 December 2019


Details
AGLC Case Decision Date
Akbari and Akbari [2019] FCCA 3752 [2019] FCCA 3752 23 December 2019

CaseChat Overview and Summary

In the matter of *Akbari & Akbari*, Judge Hughes of the Family Court of Australia considered parenting orders concerning a child, X, born in 2006. The dispute involved allegations of family violence and parental alienation, with the child exhibiting resistance to spending time with her father.

The court was required to determine the most appropriate parenting arrangements for X, taking into account her wishes, the impact of family violence, and the allegations of parental alienation. Key issues included the allocation of parental responsibility, the child's living arrangements, the nature and extent of contact between X and her father, and the steps necessary to facilitate a positive relationship between them. The court also had to consider orders restraining certain behaviours and the involvement of professionals and the independent children's lawyer.

Judge Hughes discharged all previous parenting orders and made new orders reflecting the child's wishes. The mother was granted sole parental responsibility, and X was to live with her. Contact with the father was to occur in accordance with X's wishes, supplemented by supervised telephone and Skype communication, and the provision of a dedicated mobile phone and email address for communication. The court also mandated psychological and therapeutic services for X and both parents to support the re-establishment of the father-child relationship, with the father to bear the costs of X's therapy unless otherwise agreed. Restraining orders were put in place to prevent the father from attending the mother's home and from bringing X into contact with specific relatives. Both parents were restrained from denigrating each other to X and from discussing the proceedings with her, except to explain the arrangements. Arrangements were to be made for X to be informed of the outcome by a family consultant or independent children's lawyer. The court also made orders regarding the costs of the independent children's lawyer, with a provision for financial assessment if either party objected.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34