FAMILY COURT OF AUSTRALIA
| JIN & JIN | [2020] FamCA 920 |
| FAMILY LAW – PARENTING – Review of Senior Registrar’s decision – Where there is an Application before the Court to review a decision of the Senior Registrar in respect of interim parenting arrangements for the parties’ three (3) children – Where the father seeks that the parties’ youngest child live with him and spend each alternate weekend with the mother – Where the mother seeks that the children live with her and the parties’ youngest child spend supervised time with the father each Saturday for six (6) hours – Where the Independent Children’s Lawyer seeks that the children remain living with the parent that they currently reside with other than the parties’ youngest child who shall reside with each parent in a shared week-by-week arrangement – Where the eldest child currently lives with the father and spends no time with the mother – Where the middle child lives with the mother and spends no time with the father – Where the parties’ middle child has made allegations that the father has sexually abused her – Where the mother contends the parties’ youngest child is at risk while in the care of the father as a result of the allegations made by his elder sister and is also at risk of grooming and manipulative conduct on the part of the father – Where the father denies those allegations – Orders made dismissing the Application for a review and upholding Senior Registrar’s Orders. |
| Australian Constitution s 71 Family Law Act 1975 9Cth s 43(1)(c), 60B, 60CA, 60CC, 61DA, 65DAA Family Law Rules 2004 (Cth) r 18.08, 18.10 |
| B and B (1993) FLC 92-357 Commonwealth, Royal Commission into Institutional Responses to Child Sexual Abuse, Criminal Justice Report (2017) pts VII-X Hon. John Fogarty AM, ‘Unacceptable Risk: A Return to Basis’ (2006) 20 Australian Journal of Family Law 249 |
| APPLICANT: | Mr Jin |
| RESPONDENT: | Ms Jin |
| INDEPENDENT CHILDREN’S LAWYER | Legal Aid NSW |
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- AGLC
- JIN & JIN [2020] FamCA 920
- Case
- [2020] FamCA 920
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to uphold or set aside the Senior Registrar's previous orders and, importantly, to make orders regarding the child's enrolment in KK School for the 2021 school year, including provisions to prevent unilateral removal or alteration of enrolment.
McClelland DCJ dismissed the application for review. The court then made orders requiring both parties to take all necessary steps and sign all necessary documents to ensure the child Y was enrolled at KK School for the 2021 school year. Furthermore, the parties were ordered not to remove the child from that school or alter his enrolment without the written consent of the other party or a further court order.
Orders
Orders of the court
1.
The Application in a Case filed 4 September 2020, for a review of the Senior Registrars decision and Orders dated 11 August 2020, be dismissed.
2.
That the parties do all such things and sign any such document to cause the child Y born … 2008 to be enrolled in KK School for the 2021 school year and undertake not to remove him from that school or alter his enrolment without the written consent of the other party or by further order of this Court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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