SACHDEV & SAHA

Case

[2015] FCCA 1924

30 July 2015


Details
AGLC Case Decision Date
SACHDEV & SAHA [2015] FCCA 1924 [2015] FCCA 1924 30 July 2015

CaseChat Overview and Summary

In the matter of SACHDEV & SACHDEV, Judge Jones of the Federal Circuit and Family Court of Australia made orders concerning the children of the marriage, X and Y. The dispute centred on the living arrangements and parental responsibilities for the children.

The court was required to determine the primary residence of the children, the allocation of parental responsibility, and the nature and extent of the father's time and communication with the children. Further issues included the communication of the court's orders to the children, the parties' conduct towards each other, and the provision of information regarding the children's schooling and health.

Judge Jones ordered that the children live with the mother and that she have sole parental responsibility. The father was granted liberty to spend time and communicate with the children as they agreed, and in accordance with their wishes. The court also made orders regarding the father's ability to send gifts and the mother's obligation to facilitate the explanation of the orders to the children by a Family Consultant, with the mother initially restrained from discussing the orders with them. Injunctions were imposed on both parties restraining them from denigrating the other or discussing the proceedings in the presence of the children. The mother was also ordered to keep the father informed of the children's health and schooling. The Independent Children’s Lawyer was to be discharged once the explanation of the orders to the children was completed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

G & C [2006] FamCA 994
Champness & Hanson [2009] FamCAFC 96
Tait & Densmore [2007] FamCA 1383