FAMILY COURT OF AUSTRALIA
| ANNISSA & HAURA AND ANOR | [2017] FamCA 651 |
| FAMILY LAW – CHILDREN – PARENTAL RESPONSIBILITY – Where the Secretary, Department of Family and Community Services has intervened – Where significant history of parental neglect and lack of supervision as to the children – Where significant history of Departmental intervention – Where children removed from the mother’s care by order in late 2015 – Where children shortly before final hearing restored to the mother’s care by the Department – Where father refuses to engage with the Department – Where consideration of the children’s best interests – Where Minister for Family and Community Services to hold parental responsibility for the children and for the time the children spend with both parents. |
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65C, 65DAA Acts Interpretation Act 1901 (Cth) s 2C |
| Aldridge & Keaton [2009] FamCAFC 229 |
| APPLICANT: | Mr Annissa |
| RESPONDENT: | Ms Haura |
| INTERVENOR: | Department of Family and Community Services |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Bevan |
| FILE NUMBER: | SYC | 52 | of | 2008 |
| DATE DELIVERED: | 25 August 2017 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 19, 20 and 21 June 2017 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Patricia J O'Shane Solicitor |
| COUNSEL FOR THE RESPONDENT: | Mr Bernie |
| SOLICITOR FOR THE RESPONDENT: | Shelly Legal |
| COUNSEL FOR THE INTERVENOR: | Ms Christie |
| SOLICITOR FOR THE INTERVENOR: | Crown Solicitors Office |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Schroder |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Sarah Bevan Family Lawyers |
Orders
That all previous parenting orders in relation to the children B born … 2004, C born … 2005 and D born … 2007 be discharged.
That the Secretary for Family and Community Services have sole parental responsibility for the children save and except for cultural and religious matters.
That the mother have parental responsibility for the children as to cultural and religious matters.
That the children shall live with and spend time with the mother and father as directed by the Secretary or the delegate of the Secretary of the Department of Family and Community Services.
It is noted that that the Secretary has sought live with and spend time with orders to the effect:
(a)that the children live with the mother;
(b)that the child B spend time with the father as per her wishes;
(c)that the father spend time with the children C and D supervised by the Secretary or his delegate for a period of 12 months after which time the need for supervision be reviewed.
THAT BY CONSENT the applicant father pay by way of contribution to the Independent Children’s Lawyer’s costs the sum of $9,411.00 to Legal Aid NSW within six…
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- Case
- [2017] FamCA 651
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was to determine the appropriate parenting arrangements for the children, considering the existing orders and the circumstances presented. This involved deciding who should have parental responsibility, where the children should live, and how they should spend time with their parents, while also addressing the specific considerations of cultural and religious matters.
Foster J's reasoning led to a significant alteration of previous parenting orders. The court discharged all prior orders relating to the children. The Secretary for Family and Community Services was granted sole parental responsibility for the children, with a specific carve-out for cultural and religious matters, which were assigned to the mother. The court further ordered that the children would live with and spend time with both the mother and father, as directed by the Secretary or their delegate.
Orders
Orders of the court
1.
That all previous parenting orders in relation to the children B born … 2004, C born … 2005 and D born … 2007 be discharged.
2.
That the Secretary for Family and Community Services have sole parental responsibility for the children save and except for cultural and religious matters.
3.
That the mother have parental responsibility for the children as to cultural and religious matters.
4.
That the children shall live with and spend time with the mother and father as directed by the Secretary or the delegate of the Secretary of the Department of Family and Community Services.
5.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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