Wasser and Wasser
Case
•
[2009] FamCA 398
•6 May 2009
Details
AGLC
Case
Decision Date
Wasser and Wasser [2009] FamCA 398
[2009] FamCA 398
6 May 2009
CaseChat Overview and Summary
In the matter of *Wasser and Wasser*, heard in the Federal Magistrates Court, the dispute concerned parenting orders relating to a child. The father had filed an application on 30 January 2009, which was subsequently dismissed.
The court was required to determine the primary issue of where the child would live and who would have parental responsibility. Additionally, the court considered the discharge of previous consent orders made on 28 May 2008, with the exception of specific provisions regarding discussions with the child about abuse allegations and the father's ability to send letters and gifts. The court also had to determine the terms of a final meeting between the father and child, including its location, timing, and the involvement of the Independent Children's Lawyer and a Family Consultant.
His Honour Faulks DCJ reasoned that the child would live with her mother, Ms Wasser, and that the mother would have sole parental responsibility. The court discharged most of the prior consent orders, retaining only those that restrained discussion of abuse allegations with the child and permitted the father to send letters and gifts. The court then made detailed orders for a final supervised meeting between the father and child, to be facilitated by the Independent Children's Lawyer and preceded by a meeting with a Family Consultant to prepare the child. The mother was also ordered to keep the father informed of their address.
The court was required to determine the primary issue of where the child would live and who would have parental responsibility. Additionally, the court considered the discharge of previous consent orders made on 28 May 2008, with the exception of specific provisions regarding discussions with the child about abuse allegations and the father's ability to send letters and gifts. The court also had to determine the terms of a final meeting between the father and child, including its location, timing, and the involvement of the Independent Children's Lawyer and a Family Consultant.
His Honour Faulks DCJ reasoned that the child would live with her mother, Ms Wasser, and that the mother would have sole parental responsibility. The court discharged most of the prior consent orders, retaining only those that restrained discussion of abuse allegations with the child and permitted the father to send letters and gifts. The court then made detailed orders for a final supervised meeting between the father and child, to be facilitated by the Independent Children's Lawyer and preceded by a meeting with a Family Consultant to prepare the child. The mother was also ordered to keep the father informed of their address.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Consent
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Wasser and Wasser [2009] FamCA 398
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1