Hasila and Fatisi (No 2)

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FAMILY COURT OF AUSTRALIA

HASILA & FATISI (NO. 2) [2019] FamCA 622
FAMILY LAW – CHILDREN – Allegations of family violence – allegations of children’s exposure to family violence – assertions of trauma – consequences of exposure to Father if the author of trauma – unacceptable risk – factual findings in the context of assessment of unacceptable risk – no unacceptable risk - where the Father has not spent time with the children for three years – poor prospects for reintroduction – lack of evidence as to facilities to assist in reintroduction – reintroduction unlikely to be supported by the Mother – no orders for time
Family Law Act 1975 (Cth) ss 60B, 60CC, 64B, 65DAA and 65DAC
Amador & Amador [2009] 43 FamCAFC 196
Briginshaw v Briginshaw (1938) 60 CLR 336
Duarte & Anor & Morse [2019] FamCAFC 93
Johnson & Page [2007] FamCA 1235
Jones v Dunkel (1959) 101 CLR 298
M & M (1988) 166 CLR 69
N & S and the Separate Representative (1996) FLC 92-655
Paul’s Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51
Sahrawi & Hadrami [2018] FamCAFC 170
Schellenberg v Tunnel Holdings 200 CLR 121
State Rail Authority of New South Wales v Earthline. Constructions Pty Ltd (in liq) (1999) 73 ALJR 306
W v W (Abuse Allegations Unacceptable Risk) (2005) FLC 93-235
APPLICANT: Mr Hasila
RESPONDENT: Ms Fatisi
INDEPENDENT CHILDREN’S LAWYER: Jeanine Lloyd
FILE NUMBER: CAC 1741 of 2018
DATE DELIVERED: 5 September 2019
PLACE DELIVERED: Canberra
PLACE HEARD: Canberra
JUDGMENT OF: Gill J
HEARING DATE: 16 - 25 July 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Morrisroe
SOLICITOR FOR THE APPLICANT: Watts McCray Lawyers
COUNSEL FOR THE RESPONDENT: Mr Haddock
SOLICITOR FOR THE RESPONDENT: Legal Aid ACT
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Jeanine Lloyd & Associates Family Lawyer

Orders

  1. The Mother has sole parental responsibility for X and Y (the children);

  2. The children shall live with the Mother;

  3. The Mother shall authorise and maintain authorisations at each of the children’s school for the Father to obtain school reports, newsletters and any information regarding the children’s progress at school;

  4. The Mother shall advise and keep the Father advised in writing as to the identity of each of the children’s school.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hasila & Fatisi has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1741 of 2018

Mr Hasila

Applicant

And

Ms Fatisi

Respondent

REASONS FOR JUDGMENT

Introduction

  1. The parties to these proceedings…

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Details
Case
[2019] FamCA 622
Decision Date

CaseChat Overview and Summary

In the matter of *Hasila and Fatisi (No 2)*, Gill J of the Federal Circuit and Family Court of Australia determined parenting orders concerning the children X and Y. The dispute involved the allocation of parental responsibility and the living arrangements for the children.

The court was required to determine who should have sole parental responsibility for the children, where the children should live, and what access to information regarding the children's schooling the father should have.

Gill J ordered that the Mother have sole parental responsibility for X and Y, and that the children live with the Mother. The court further ordered that the Mother must provide and maintain authorisations for the Father to receive school reports, newsletters, and any other information concerning the children's progress at school. Additionally, the Mother was ordered to advise and keep the Father advised in writing of the identity of each of the children's schools.

Orders

Orders of the court

1.

The Mother has sole parental responsibility for X and Y (the children);

2.

The children shall live with the Mother;

3.

The Mother shall authorise and maintain authorisations at each of the children’s school for the Father to obtain school reports, newsletters and any information regarding the children’s progress at school;

4.

The Mother shall advise and keep the Father advised in writing as to the identity of each of the children’s school.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.