Samaras and Rasul

Case

[2020] FamCA 242

17 April 2020


Details
AGLC Case Decision Date
Samaras and Rasul [2020] FamCA 242 [2020] FamCA 242 17 April 2020

CaseChat Overview and Summary

In the matter of *Samaras and Rasul*, heard by Cleary J, the Court considered orders concerning the residence, parental responsibility, and contact arrangements for a child, B, born in 2013. The dispute involved the mother, Ms Samaras, and the father, Mr Rasul, with significant orders being sought regarding the child's welfare and protection.

The primary legal issues before the Court were the determination of the child's residence, the allocation of parental responsibility, the nature and extent of any time or communication between the child and the father, and the necessity for protective measures for both the child and the mother. The Court was also required to consider the provision of relevant documents to therapeutic professionals and educational institutions, and the implementation of restraints against the father to ensure safety.

Cleary J ordered that the child shall live with the mother and that the mother shall have sole parental responsibility for both day-to-day care and long-term welfare decisions. Crucially, the Court ordered that the child spend no time and have no communication with the father. Further, pursuant to section 68B(1) of the *Family Law Act 1975* (Cth), an injunction was made restraining the father from entering or approaching within 100 metres of the mother's and child's residence, the mother's workplace, the child's school, and the maternal grandparents' home. The father was also restrained from assaulting, threatening, stalking, harassing, or intimidating the child and mother, and from intentionally or recklessly damaging their property. The Court also directed the removal of the child from the Airport Watch List and noted the mother's ongoing undertaking not to facilitate any time or communication between the child and the father.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Intention

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Samaras and Rasul [2017] FamCA 614