BELLINI & BELLINI

Case

[2018] FCCA 3581

16 October 2018,


Details
AGLC Case Decision Date
Bellini and Bellini [2018] FCCA 3581 [2018] FCCA 3581 16 October 2018,

CaseChat Overview and Summary

In *Bellini & Bellini*, the father sought the return of the parties' two young children, born in 2016 and 2017, from Perth to Sydney, and an order for their recovery. The mother had unilaterally relocated with the children to Perth. The proceedings were before Judge Bruce Smith.

The court was required to determine whether to grant the father's application for the children's return to Sydney and for a recovery order, considering the children's very young age, the fact that the younger child was breastfeeding, and the practicalities of returning the children to the father's care.

The court dismissed the father's application for the children's return and for a recovery order. The reasoning focused on the impracticality of returning the very young children to Sydney, particularly given the breastfeeding needs of the younger child. The court ordered that the parents have equal shared parental responsibility, that the children live with the mother, and that the father have specified video contact with the children. The matter was listed for mention, with interim orders regarding the father's time with the children to be made on that occasion.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

2

Morgan v Miles [2007] FamCA 1230
C v S [1998] FamCA 66
MRR v GR [2010] HCA 4