Roskam and Roskam

Case

[2018] FamCA 173

21 March 2018


Details
AGLC Case Decision Date
Roskam and Roskam [2018] FamCA 173 [2018] FamCA 173 21 March 2018

CaseChat Overview and Summary

This matter before Bennett J concerned parenting orders between the mother and father of three children, C, D, and E. The dispute revolved around the arrangements for the children's living situation, time spent with the father, and communication between the parents and the children.

The court was required to determine the specific terms of parenting orders, including who would have sole parental responsibility for the children, where the children would live, the nature and extent of the father's time with the children, and the conditions under which such time would occur. Additionally, the court needed to establish the parameters for communication between the father and the children, and between the parents themselves, as well as address the costs associated with supervised contact.

Bennett J made orders discharging previous arrangements, save for specific paragraphs from a December 2016 order. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father's time with the children was significantly restricted to supervised contact on specific dates throughout the year, with detailed provisions regarding the nomination of a contact service, the father's confirmation of attendance and capacity to pay, and the location of the supervised time. The father was to bear all costs of supervision. Provisions were also made for missed contact due to illness, including the requirement for a medical certificate and a make-up contact occasion. Communication between the father and mother was strictly limited, with no direct communication by email or text message. The father was also prohibited from communicating directly with the children, except for sending cards and letters, which the mother would facilitate and vet. The court reserved liberty to apply regarding supervised time and addressed the process for any applications concerning costs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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