Massen & Sachs

Case

[2021] FCCA 2147

4 August 2021


Details
AGLC Case Decision Date
Massen & Sachs [2021] FCCA 2147 [2021] FCCA 2147 4 August 2021

CaseChat Overview and Summary

In the matter of *Massen & Sachs*, heard by Young J, the applicant, Mr Massen, and the respondent, Mr Sachs, were involved in proceedings concerning their children. The court was required to consider amendments to existing orders, particularly in light of the mother's relocation to Queensland and the withdrawal of her solicitor.

The primary legal issue before the court was the extent to which the Independent Children’s Lawyer (ICL) could engage with the children without the father's explicit approval, and the amendment of existing orders concerning the communication of letters and photographs to the children. The court also had to consider the implications of section 121 of the *Family Law Act 1975* (Cth) regarding the publication of family law proceedings.

Young J ordered that the ICL be permitted to attend the children's school to speak with them about their views, and that the father's approval was not required for this purpose. Furthermore, an existing order from 7 May 2021 was amended to include specific provisions for the father to promptly pass any letters or photographs to the children after receiving them. The matter was then adjourned for further consideration.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Injunction

  • Remedies

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