Blass & Blass (No 2)

Case

[2021] FCCA 1588

16 July 2021


Details
AGLC Case Decision Date
Blass and Blass (No 2) [2021] FCCA 1588 [2021] FCCA 1588 16 July 2021

CaseChat Overview and Summary

In *Blass & Blass (No 2)*, Terry J of the Federal Circuit and Family Court of Australia considered parenting orders concerning two children, X (born 2010) and Y (born 2013). The dispute arose between the mother, Ms Blass, and the father, Mr Blass, following their separation in 2015. The court was tasked with determining the future living arrangements and parental responsibilities for the children, superseding previous orders made in 2018.

The central legal issues before the court were the children's primary residence, the allocation of parental responsibility, and the specific arrangements for the children to spend time with each parent. This included determining the extent and nature of the father's sole parental responsibility, the conditions attached to it, and the detailed schedule for the children's time with the mother, including supervised contact, progressively increasing periods of unsupervised time, and arrangements for school holidays and special days. The court also had to consider the impact of previous findings of family violence and the mother's allegations regarding the children's behaviour.

Terry J discharged all previous parenting orders. The court found that the father should have sole parental responsibility for the children, subject to specific notification and consultation requirements with the mother regarding long-term decisions about the children's welfare, education, and medical treatment. The children were ordered to live with the father. The mother's time with the children was to commence with supervised contact at a designated centre, with a phased introduction of unsupervised time, gradually increasing over several months. Detailed provisions were made for school holidays, including alternating arrangements in even and odd-numbered years, and specific orders for Mother's Day, Father's Day, and the Christmas period. The court also imposed injunctions on the mother, restraining her from attending school or extra-curricular activities without the father's consent, attempting to contact the children outside the ordered arrangements, removing the children from the father's care, or entering the children's residence without consent. The court expressed significant concerns about the mother's credit, particularly in relation to her affidavit statements about the children's behaviour and her willingness to comply with orders.

The court ordered that all previous parenting orders concerning the children be discharged. The father was granted sole parental responsibility, with the children to live with him. The mother's time with the children was to be supervised initially, with a progressive increase in unsupervised time over a defined period. Specific arrangements for school holidays, special days, and communication between parents were also detailed. Injunctions were placed on the mother restraining certain behaviours concerning the children and the father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Appeal

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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BLASS & BLASS [2018] FCCA 2474