IDLER & ASANTI
Case
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[2019] FCCA 2817
•4 October 2019
Details
AGLC
Case
Decision Date
IDLER & ASANTI [2019] FCCA 2817
[2019] FCCA 2817
4 October 2019
CaseChat Overview and Summary
In the matter of *Idler & Asanti*, Judge Bender of the Family Court of Australia considered competing applications by the parents concerning their four children. The mother sought sole parental responsibility, that the children live with her, and spend time with the father. The father similarly sought sole parental responsibility and that the children live with him. The court was required to determine the practical and psychological risks to the children in each parent's care, particularly given the mother's absence from the children's lives for over three years and the father's negative views of the mother, in circumstances where the parties resided in geographically disparate locations.
The court determined that the mother should have sole parental responsibility for the children, and that they should live with her. The children are to spend time with the father on alternate weekends, during school holidays, and on special occasions. Crucially, the court ordered a period of time following the making of these orders during which the children would have no face-to-face contact with the father.
Regarding property, the mother sought a superannuation splitting order, which the father opposed, proposing that each party retain their existing assets. The father's superannuation was identified as the only significant realisable asset, with his post-separation contributions, including the assumption of over $80,000 in joint debts, greatly exceeding those of the mother. The court made no order altering the parties' property interests, effectively dismissing the mother's application for property division.
The court determined that the mother should have sole parental responsibility for the children, and that they should live with her. The children are to spend time with the father on alternate weekends, during school holidays, and on special occasions. Crucially, the court ordered a period of time following the making of these orders during which the children would have no face-to-face contact with the father.
Regarding property, the mother sought a superannuation splitting order, which the father opposed, proposing that each party retain their existing assets. The father's superannuation was identified as the only significant realisable asset, with his post-separation contributions, including the assumption of over $80,000 in joint debts, greatly exceeding those of the mother. The court made no order altering the parties' property interests, effectively dismissing the mother's application for property division.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
Actions
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Citations
IDLER & ASANTI [2019] FCCA 2817
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Stanford v Stanford
[2012] HCA 52
Hickey & Hickey
[2003] FamCA 395
Whent and Marbrand
[2017] FCCA 1873