Jasper and Jasper

Case

[2014] FamCA 235


Details
AGLC Case Decision Date
Jasper and Jasper [2014] FamCA 235 [2014] FamCA 235

CaseChat Overview and Summary

This case, Jasper & Jasper, heard in the Family Court of Australia, concerned an application by Mr Jasper (the applicant father) and Ms Jasper (the respondent mother) regarding the parenting of their two children, E and H. The dispute centred on the children's living arrangements and time spent with each parent, particularly in light of allegations of family violence made by the mother against the father. The proceedings had a complex history, including previous court orders and the appointment of an Independent Children's Lawyer.

The court was required to determine the interim arrangements for the children, specifically with whom they would live and spend time. A key issue was the mother's allegations of family violence perpetrated by the father against her, and the court's assessment of the risk this posed to the children. The court also had to consider the mother's role in preventing the children from having a relationship with the father and how to facilitate a reintroduction of time between the father and the children.

Justice Forrest found that the children were not at an unacceptable risk of physical or emotional abuse in the father's care. The court noted that the mother had prevented a relationship between the children and the father. Applying the principles of the *Family Law Act 1975* (Cth) and the *Evidence Act 1995* (Cth) regarding the balance of probabilities, the court ordered a therapeutic reintroduction of time between the father and the children, facilitated by a psychologist, Ms P. The court also made orders regarding parental responsibility, communication between the parents, and the mother's attendance at counselling, with the matter adjourned for further hearing and a report from Ms P.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Appeal

  • Costs

  • Damages

  • Duty of Care

  • Judicial Review

  • Jurisdiction

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