Barash and Sacher

Case

[2013] FCCA 2283

16 December 2013


Details
AGLC Case Decision Date
Barash and Sacher [2013] FCCA 2283 [2013] FCCA 2283 16 December 2013

CaseChat Overview and Summary

This matter concerned an application by the Applicant Father, Mr Barash, and the Respondent Mother, Ms Sacher, regarding the parenting arrangements for their two daughters, [X] and [Y]. The proceedings were before Judge Scarlett.

The court was required to determine the primary residence of the children, the nature and extent of the Father's time with the children, and various injunctive and other orders designed to protect the children's welfare and facilitate communication and co-operation between the parents. Key issues included the supervision of contact, restrictions on parental conduct and communication, and measures to prevent the children's removal from Australia.

The court ordered that the Mother have sole parental responsibility and that the children live with her. The Father's time with the children was to be supervised at the Sydney Children’s Contact Service, with specific arrangements for delivery, collection, and cost sharing. The court also imposed injunctions restraining both parents from using harsh discipline, making negative comments about each other or the children, or discussing the proceedings with the children. The Father was further restrained from entering the Mother's residence or approaching the children's school without consent. Crucially, both parents were restrained from removing the children from Australia, and their names were to be placed on the Family Law Watch List for two years. The court also mandated attendance at a parenting after separation program and required the Mother to notify the Father of any medical emergencies and provide access to medical information.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

BARASH & SACHER [2013] FCCA 717