Wilshaw & Wilshaw (No 3)
Case
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[2015] FamCA 843
•9 October 2015
Details
AGLC
Case
Decision Date
Wilshaw & Wilshaw (No 3) [2015] FamCA 843
[2015] FamCA 843
9 October 2015
CaseChat Overview and Summary
This matter concerned the parental responsibility and living arrangements for three children, D, E, and F, and the nature of the father's contact with them. The proceedings were before Hannam J in the Family Court of Australia.
The court was required to determine the best interests of the children, particularly in relation to their meaningful relationship with both parents and the parental capacity of each parent. Specific issues included the allocation of sole parental responsibility, the children's residence, and the terms and conditions under which the father could communicate with and spend time with each child, considering the children's ages and individual circumstances.
Hannam J discharged all previous orders and made new orders reflecting a significant shift in parental responsibility and contact arrangements. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father's contact with the children was substantially restricted, with specific provisions for communication and supervised or invited contact, particularly for the older children, D and E. For F, contact was to be facilitated through a contact service under specific conditions. The orders also mandated ongoing psychological treatment for the father and encouraged therapeutic interventions for the children and the family, including family therapy assessments, with detailed provisions for cost sharing. The father was permitted to send cards and gifts on special occasions, subject to the mother's review of written communications to F for any denigration of the mother or references to court proceedings.
The court was required to determine the best interests of the children, particularly in relation to their meaningful relationship with both parents and the parental capacity of each parent. Specific issues included the allocation of sole parental responsibility, the children's residence, and the terms and conditions under which the father could communicate with and spend time with each child, considering the children's ages and individual circumstances.
Hannam J discharged all previous orders and made new orders reflecting a significant shift in parental responsibility and contact arrangements. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father's contact with the children was substantially restricted, with specific provisions for communication and supervised or invited contact, particularly for the older children, D and E. For F, contact was to be facilitated through a contact service under specific conditions. The orders also mandated ongoing psychological treatment for the father and encouraged therapeutic interventions for the children and the family, including family therapy assessments, with detailed provisions for cost sharing. The father was permitted to send cards and gifts on special occasions, subject to the mother's review of written communications to F for any denigration of the mother or references to court proceedings.
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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Injunction
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Costs
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Remedies
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Jurisdiction
Actions
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
WILSHAW & WILSHAW
[2015] FamCA 339
Wilshaw and Wilshaw (No 2)
[2015] FamCA 343
G & C
[2006] FamCA 994