Song and Wei

Case

[2020] FamCA 368

15 May 2020


Details
AGLC Case Decision Date
Song and Wei [2020] FamCA 368 [2020] FamCA 368 15 May 2020

CaseChat Overview and Summary

In the matter of *Song and Wei*, decided by Hannam J, the court addressed a dispute concerning the parental responsibility and living arrangements for two children, X and Y. The orders indicate a significant disagreement between the parents regarding the children's welfare and the allegations of sexual abuse.

The central legal issues before the court were: (a) who should have sole parental responsibility for the children; (b) with whom the children should live; (c) whether either parent should be restrained from taking the children for therapy related to sexual abuse; and (d) whether both parties should be restrained from denigrating each other or discussing the proceedings with the children.

Hannam J ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, the court imposed significant restrictions on both parents. Both parties were restrained from taking the children to any therapist for treatment of sexual abuse, and each was prohibited from denigrating the other or their family in the children's presence. Furthermore, both parents were restrained from discussing the proceedings or showing the children any related documents.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

1

Neaden and Fillborow [2020] FamCA 607
Cases Cited

4

Statutory Material Cited

2

Deiter & Deiter [2011] FamCAFC 82
M v M [1988] HCA 68
M v M [1988] HCA 68