SACHS & RAIGANS

Case

[2020] FamCA 133

17 February 2020


Details
AGLC Case Decision Date
SACHS & RAIGANS [2020] FamCA 133 [2020] FamCA 133 17 February 2020

CaseChat Overview and Summary

In the matter of SACHS & RAIGANS, Benjamin J made orders by consent concerning the parental responsibility, residence, and communication of a child. The dispute involved the mother, Ms Raigans, and the father, Mr Sachs, regarding arrangements for their child.

The court was required to determine the terms of consent orders relating to the child's upbringing. Specifically, the orders addressed who would have sole parental responsibility, where the child would live, and the extent of any time or communication between the father and the child. Additionally, the court considered orders concerning the child's education, requiring the child to attend formal schooling rather than being home-schooled.

Benjamin J made orders by consent, granting the mother sole parental responsibility for the child and ordering that the child live with the mother. Crucially, there were no orders for time or communication between the father and the child. The court also directed that the Independent Children’s Lawyer be permitted to provide specific reports and the consent orders to the child's General Medical Practitioner, with a request that this information, including addresses, not be disclosed to the father. The mother was ordered to keep the father informed about the child's health and schooling, and to provide him with school reports and other information at his expense, while ensuring the mother and child's address remained undisclosed to the father. The court also ordered that the child not be home-schooled and attend an appropriate formal school.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Yamada & Cain [2013] FamCAFC 64
Marsden & Winch (No. 3) [2007] FamCA 1364