Shoretsky & Shoretsky (No 2)
Case
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[2015] FamCA 1026
•24 November 2015
Details
AGLC
Case
Decision Date
Shoretsky & Shoretsky (No 2) [2015] FamCA 1026
[2015] FamCA 1026
24 November 2015
CaseChat Overview and Summary
This matter concerned applications by the mother and father regarding their three children, B, C, and D. The dispute before Bennett J of the Federal Circuit Court of Australia involved the determination of parental responsibility and the children's residence.
The court was required to determine the paramount issue of who should have sole parental responsibility for the children and where the children should reside. Further, the court had to consider whether any time should be spent between the children and the father, and the role and discharge of the independent children's lawyer.
In reaching her decision, Bennett J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the best interests of the children. The court ordered that the mother have sole parental responsibility for the children and that they reside with her or as she directs. Crucially, there was to be no order for time to be spent between the children and the father. The independent children's lawyer was to be at liberty to serve the order on relevant institutions, and the appointment of the independent children's lawyer was discharged. All other extant applications were dismissed.
The court was required to determine the paramount issue of who should have sole parental responsibility for the children and where the children should reside. Further, the court had to consider whether any time should be spent between the children and the father, and the role and discharge of the independent children's lawyer.
In reaching her decision, Bennett J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the best interests of the children. The court ordered that the mother have sole parental responsibility for the children and that they reside with her or as she directs. Crucially, there was to be no order for time to be spent between the children and the father. The independent children's lawyer was to be at liberty to serve the order on relevant institutions, and the appointment of the independent children's lawyer was discharged. All other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Costs
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Shoretsky and Shoretsky (No 2)
[2014] FamCA 1028
SHORETSKY & SHORETSKY
[2015] FamCA 991