Case 13: Supreme Court sets aside directions limiting the times a daughter can visit her mother

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Mariem Omari, a mother with a cognitive disability was under a guardianship order. Her sons were her guardians. Directions made by a tribunal limited the times when her daughter Sabah Omari could visit her. Sabah Omari challenged the directions and won in the ACT Supreme Court. The Court considered that the tribunal had given the woman’s brothers ‘plenary’ or unqualified power which interfered with their mother’s rights, including her right to privacy and reputation, freedom of movement and right to liberty and security.

Source: Sabah Omari v Mohamed Omari, Mustafa Omari and Guardianship and Management of Property Tribunal [2009] ACTSC 28