Agosta and Agosta and Anor

This matter concerned parenting orders made by consent and by determination of the court in relation to a child born in 2012. The parties involved were Ms Agosta (the applicant), Ms Webster (the mother), and Mr Agosta (the father). The court was Benjamin J.

The primary legal issues before the court were to determine the parenting arrangements for the child, including parental responsibility, living arrangements, and time spent with each parent. Additionally, the court was required to consider orders relating to the child's welfare, including preventing the child's removal from Australia and addressing communication and information sharing between the parents.

The court made orders by consent and by determination, discharging previous parenting orders with the exception of an order that the child remain on the Airport Watch List for five years, restraining the parties from removing the child from the Commonwealth of Australia. The parties were granted equal shared parental responsibility, with the child to live with the applicant. The court detailed specific arrangements for the child's time with the mother, including alternate weekends, mid-term holidays, and gazetted Victorian school holiday periods, with particular provisions for Christmas/New Year holidays. Provisions were also made for the child to spend time and communicate with the father, including face-to-face time in a Detention Centre. Further orders addressed information sharing regarding the child's medical and educational records, communication about serious illness or injury, and attendance at school. The parties were also restrained from denigrating each other or discussing proceedings in the child's presence, exposing the child to violence, or posting information about the proceedings on social media. Physical discipline of the child was also prohibited.

The court ordered that all extant applications be dismissed, subpoenaed documents returned, and the appointment of the Independent Children's Lawyer discharged.