Strine and Rustic
Case
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[2010] FamCA 1254
•1 November 2010
Details
AGLC
Case
Decision Date
Strine and Rustic [2010] FamCA 1254
[2010] FamCA 1254
1 November 2010
CaseChat Overview and Summary
In the matter of *Strine and Rustic*, Bell J made orders concerning the welfare of two children, Z and N. The proceedings involved a dispute between the parents regarding contact and parental responsibility for the children.
The court was required to determine the living arrangements for the children, the allocation of parental responsibility for long-term issues, and the extent of the father's contact with the children. Additionally, the court considered the need for ongoing counselling and psychiatric treatment for the father, and the appropriate dissemination of expert reports.
Bell J ordered that the children live with the mother and that she have sole parental responsibility for major long-term issues. The father was restrained from any contact with the mother or children and ordered to remain at least 400 metres away from them. He was also prohibited from having any time with the children and from filing further applications for time until he could demonstrate 12 months of compliance with treatment and medication as prescribed by his mental health professionals. The father was directed to attend psychiatric and other health professional appointments as therapeutically indicated, and to facilitate the publication of specific expert reports to his treating psychiatrist. The mother was directed to arrange for herself and the children to attend counselling as directed. The Independent Children’s Lawyer was discharged after the expert reports were published to the children's counsellor. Both parents were ordered not to denigrate the other parent in the presence or hearing of the children and to refrain from discussing issues between the parties in the children's presence.
The court was required to determine the living arrangements for the children, the allocation of parental responsibility for long-term issues, and the extent of the father's contact with the children. Additionally, the court considered the need for ongoing counselling and psychiatric treatment for the father, and the appropriate dissemination of expert reports.
Bell J ordered that the children live with the mother and that she have sole parental responsibility for major long-term issues. The father was restrained from any contact with the mother or children and ordered to remain at least 400 metres away from them. He was also prohibited from having any time with the children and from filing further applications for time until he could demonstrate 12 months of compliance with treatment and medication as prescribed by his mental health professionals. The father was directed to attend psychiatric and other health professional appointments as therapeutically indicated, and to facilitate the publication of specific expert reports to his treating psychiatrist. The mother was directed to arrange for herself and the children to attend counselling as directed. The Independent Children’s Lawyer was discharged after the expert reports were published to the children's counsellor. Both parents were ordered not to denigrate the other parent in the presence or hearing of the children and to refrain from discussing issues between the parties in the children's presence.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Natural Justice
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Citations
Strine and Rustic [2010] FamCA 1254
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