Florin and Jokela
Case
•
[2014] FamCA 318
•19 May 2014
Details
AGLC
Case
Decision Date
Florin and Jokela [2014] FamCA 318
[2014] FamCA 318
19 May 2014
CaseChat Overview and Summary
In Florin and Jokela, Forrest J of the Federal Circuit and Family Court of Australia considered orders concerning the parental responsibility for two children, M and B. The dispute centred on how major long-term decisions regarding the children should be made, particularly in relation to their residency and citizenship, as well as specific issues such as travel to Israel and circumcision.
The court was required to determine the extent of sole and shared parental responsibility for various aspects of the children's lives. Key issues included who would have the ultimate decision-making power for "major long-term issues" as defined by the *Family Law Act 1975*, specifically in relation to applying for permanent residency for the children in Australia. The court also had to address shared responsibility for decisions regarding citizenship, restrictions on the mother taking the children to Israel, the process for deciding on M's circumcision, and the allocation of travel expenses for the children when spending time with the father in Europe.
Forrest J ordered that the mother would have sole parental responsibility for all major long-term issues concerning the children, including applying for permanent residency. However, this sole responsibility was qualified by a detailed process requiring the mother to consult with the father in writing, consider his response, and then make the final decision, advising him of her reasoning and how his input was considered. Shared parental responsibility was ordered for decisions concerning citizenship applications. Further orders stipulated that the mother could not take the children to Israel for longer than their school holiday time with her, that M would not be circumcised unless he personally wished to be and this was confirmed by a psychologist, and that the father would generally bear the children's airfare expenses when they visited him in Europe, with an exception for shared costs if the mother also travelled to Europe during the same period.
The court was required to determine the extent of sole and shared parental responsibility for various aspects of the children's lives. Key issues included who would have the ultimate decision-making power for "major long-term issues" as defined by the *Family Law Act 1975*, specifically in relation to applying for permanent residency for the children in Australia. The court also had to address shared responsibility for decisions regarding citizenship, restrictions on the mother taking the children to Israel, the process for deciding on M's circumcision, and the allocation of travel expenses for the children when spending time with the father in Europe.
Forrest J ordered that the mother would have sole parental responsibility for all major long-term issues concerning the children, including applying for permanent residency. However, this sole responsibility was qualified by a detailed process requiring the mother to consult with the father in writing, consider his response, and then make the final decision, advising him of her reasoning and how his input was considered. Shared parental responsibility was ordered for decisions concerning citizenship applications. Further orders stipulated that the mother could not take the children to Israel for longer than their school holiday time with her, that M would not be circumcised unless he personally wished to be and this was confirmed by a psychologist, and that the father would generally bear the children's airfare expenses when they visited him in Europe, with an exception for shared costs if the mother also travelled to Europe during the same period.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Jurisdiction
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Florin and Jokela [2014] FamCA 318
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1