ROSENBERG & SOLER

Case

[2019] FCCA 1908

6 August 2019


Details
AGLC Case Decision Date
ROSENBERG & SOLER [2019] FCCA 1908 [2019] FCCA 1908 6 August 2019

CaseChat Overview and Summary

In the matter of Rosenberg & Soler, Judge Morley considered an interim parenting dispute between the parents concerning their two children. The primary dispute revolved around the extent and nature of the father's time with the children, specifically whether such time should be supervised.

The court was required to determine whether to make orders for equal shared parental responsibility, where the children would live, and the specific arrangements for the father's time with the children, including the necessity and conditions of supervision. The court also considered orders relating to communication between the parents and children, and prohibitions against denigration.

Judge Morley made orders for equal shared parental responsibility, with the children to live with their mother. The father was granted supervised time with the children on Sundays, alternate Saturdays, and Wednesdays, with the option to substitute commercial supervision agencies at his expense. The court stipulated that any individual supervisor must complete an undertaking acknowledging the father's diagnosis of Borderline Personality Disorder and his proneness to anger outbursts and, on occasion, depression with thoughts of self-harm. The court also made orders restraining denigration and requiring notification of serious medical conditions. The court noted that no order was made compelling the father to engage in therapy, as he had informed the court he had made arrangements to do so, and that the father's time with the children could be reconsidered once the effectiveness of his therapy could be evaluated.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

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Cases Citing This Decision

0

Cases Cited

14

Statutory Material Cited

3

Marvel & Marvel [2010] FamCAFC 101
MRR v GR [2010] HCA 4
Norbis v Norbis [1986] HCA 17