Yablon and Samet

Case

[2007] FamCA 1508

14 December 2007


Details
AGLC Case Decision Date
Yablon and Samet [2007] FamCA 1508 [2007] FamCA 1508 14 December 2007

CaseChat Overview and Summary

In the matter of Yablon and Samet, heard before Justice Cronin, the dispute concerned parenting orders for two children, C and F. The parties sought to resolve issues relating to the children's care, welfare, and development.

The court was required to determine the terms of final parenting orders, including arrangements for parental responsibility, the children's living situation, and the nature and extent of contact between the children and their father. The court also considered the discharge of previous orders and the appointment of an Independent Children's Lawyer.

By consent, the court discharged all previous parenting orders. It ordered that the husband and wife retain equal shared parental responsibility for C and F. The children were to live with the wife, who would have sole responsibility for their day-to-day care. The children were to spend time with the husband at times agreed between the parties. The court also made orders regarding communication between the husband and children, including the husband's liberty to send letters, cards, and presents, and the wife's obligation to facilitate their delivery and encourage the children's response. The wife was also ordered to keep the husband informed of serious medical emergencies, school progress, and to forward photographs of the children. The husband was permitted to communicate via SMS text message to the wife's mobile number. The court discharged the orders appointing an Independent Children's Lawyer and restrained the husband from attending the children's school except for pre-arranged meetings. The children were to be known as C Samet and F Samet until further order. The court noted that the children had expressed wishes not to have contact with the husband, but the wife would continue to encourage such contact.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

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