Ganim & Sabet
Case
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[2021] FCCA 2196
•11 June 2021
Details
AGLC
Case
Decision Date
Ganim & Sabet [2021] FCCA 2196
[2021] FCCA 2196
11 June 2021
CaseChat Overview and Summary
In *Ganim & Sabet*, Jarrett J of the Family Court of Australia considered interim arrangements concerning the parental responsibility and welfare of four children. The dispute involved the parents' differing views on the children's relationships with the father and the appropriate therapeutic interventions.
The primary legal issues before the court were the determination of parental responsibility for the children, specifically whether to grant sole or equal shared parental responsibility, and the implementation of counselling arrangements for the children and parents. The court was required to consider the best interests of the children in making these interim orders.
Jarrett J applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the children. The court ordered that the mother have sole parental responsibility for the two older children, W and X, while the parents were to have equal shared parental responsibility for the two younger children, Y and Z. Crucially, the court mandated counselling for Y and Z with Dr E (or an agreed alternative) to address their relationship with the father, with W and X at liberty to attend if they chose. The parties were ordered to engage Dr E promptly, attend appointments as directed, and follow her recommendations, with specific provisions for the responsibility of costs.
The court made interim orders reflecting these decisions, with liberty to apply regarding expert appointments and an adjournment for further directions.
The primary legal issues before the court were the determination of parental responsibility for the children, specifically whether to grant sole or equal shared parental responsibility, and the implementation of counselling arrangements for the children and parents. The court was required to consider the best interests of the children in making these interim orders.
Jarrett J applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the children. The court ordered that the mother have sole parental responsibility for the two older children, W and X, while the parents were to have equal shared parental responsibility for the two younger children, Y and Z. Crucially, the court mandated counselling for Y and Z with Dr E (or an agreed alternative) to address their relationship with the father, with W and X at liberty to attend if they chose. The parties were ordered to engage Dr E promptly, attend appointments as directed, and follow her recommendations, with specific provisions for the responsibility of costs.
The court made interim orders reflecting these decisions, with liberty to apply regarding expert appointments and an adjournment for further directions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Expert Evidence
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Remedies
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Citations
Ganim & Sabet [2021] FCCA 2196
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Briginshaw v Briginshaw
[1938] HCA 34
Briginshaw v Briginshaw
[1938] HCA 36