DITTMAR & DITTMAR

Case

[2020] FCCA 2373

31 August 2020


Details
AGLC Case Decision Date
Dittmar and Dittmar [2020] FCCA 2373 [2020] FCCA 2373 31 August 2020

CaseChat Overview and Summary

In the matter of *Dittmar & Dittmar*, Judge Middleton of the Family Court of Australia considered a dispute between the parents concerning the upbringing of their child, X, born in 2017. The proceedings involved allegations of sexual abuse against the child and a finding that one parent did not recognise the importance of the child maintaining a meaningful relationship with the other parent.

The court was required to determine whether either parent posed an unacceptable risk to the child and, consequently, what parenting arrangements would be in the child's best interests. This included assessing the impact of the allegations and the parents' respective attitudes towards the child's relationship with the other parent on the child's welfare.

Judge Middleton made orders for equal shared parental responsibility, acknowledging the importance of both parents being involved in the child's life. However, the child was ordered to live with the father. The mother was directed to engage with a psychologist or psychiatrist to address issues raised in a report by Dr B and by the court, with her sole cost. Until the mother completed this engagement, the child's time with the mother was to be supervised. Following the mother's engagement with the practitioner, the orders outlined a phased approach to the child's time with each parent, including specific arrangements for school holidays and collection/return points, with a prohibition on relocating the child out of the Town G area without consent or court order.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

3

Briginshaw v Briginshaw [1938] HCA 34
Marsden & Winch (No. 3) [2007] FamCA 1364
Brown v The The Queen [2022] NSWCCA 116