FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Carda & Fusco [2025] FedCFamC2F 738
File number(s): PAC 208 of 2025 Judgment of: JUDGE NEWBRUN Date of judgment: 3 June 2025 Catchwords: FAMILY LAW – CHILDREN – Interim hearing. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CD, 60CE, 60CG, 61D. Cases cited: Banks & Banks (2015) FLC 93-637
Jollie & Dysart [2014] FamCAFC 149
Tibb v Sheean (2018) 58 Fam LR 351
Division: Division 2 Family Law Number of paragraphs: 58 Date of last submission/s: 29 May 2025 Date of hearing: 9 May 2025 Place: Parramatta Counsel for the Applicant: Ms Rebehy Solicitor for the Applicant: Broun Abrahams Burreket Solicitor for the Respondent: Ms Chivunga, Tee Legal ORDERS
PAC 208 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR CARDA
Applicant
AND: MS FUSCO
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
3 JUNE 2025
PENDING FURTHER ORDER THE COURT ORDERS THAT:
1.The child X born in 2019 (“the child”) will live with the Father:
(a)From 3.00 pm or after school Friday 6 June 2025 until 9.00 am or before school on Monday 9 June 2025;
(b)From 3.00 pm or after school Friday 20 June 2025 until 9.00 am or before school on Monday 23 June 2025.
2. Thereafter, the child will live with the Father:
(a)During school term in a two-week cycle as follows:
(i)Week 1: from 3.00 pm or after school Wednesday until 9.00 am or before school on Friday;
(ii)Week 2: from 3.00 pm or after school Friday until 9.00 am or before school on Monday.
(b)During school holidays as follows:
(i)For the first half of the school holidays in odd numbered years; and
(ii)For the second half of the school holidays in even numbered years.
(c)During special occasions despite any inconsistent provision herein as follows:
(i)From 12.00 noon Christmas Eve until 4.00 pm Christmas Day in even numbered years;
(ii)From 4.00 pm Christmas Day until Boxing Day at 5.00 pm in odd numbered years;
(iii)From 9.00 am 31 December until 12.00 noon 1 January in odd numbered years;
(iv)From 9.00 am to 6.00 pm on Father’s Day;
(v)If the child is not otherwise in his care, on the child’s birthday from 3.00 pm to 7.00 pm if it occurs on a school day and 9.00 am to 1.00 pm if it is a non-school day;
(vi)From 3.00 pm until 8.00 pm on the Father's birthday.
3.The child will live with the Mother:
(a)During school term at all other times he is not otherwise living with the Father;
(b)During school holidays as follows:
(i)For the first half of the school holidays in even numbered years; and
(ii)For the second half of the school holidays in odd numbered years.
(c)During special occasions as follows:
(i)From 12.00 noon Christmas Eve until 4.00 pm Christmas Day in odd numbered years;
(ii)From 4.00 pm Christmas Day until Boxing Day at 5.00 pm in even numbered years;
(iii)From 9.00 am 31 December until 12.00…
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- Carda & Fusco [2025] FedCFamC2F 738
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- [2025] FedCFamC2F 738
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CaseChat Overview and Summary
The court meticulously evaluated the evidence and submissions from both parties, focusing on the best interests of the child. It found that a structured and balanced parenting arrangement would best serve the child's needs. The court determined that the child would live with the father for specified periods during the school term and holidays, with detailed schedules for changeovers and school-related responsibilities. Additionally, the court mandated that both parents refrain from any actions that could negatively impact the other parent in the child's presence and required them to share information pertinent to the child's welfare. The court also highlighted the need for an Independent Children's Lawyer to represent the child's interests.
The court concluded by issuing detailed orders that outlined the living arrangements, educational responsibilities, and communication protocols between the parents. It also provided for the appointment of an Independent Children's Lawyer and set out provisions for any inconsistencies with existing Family Violence Orders. The orders were designed to ensure that the child's best interests were met in a structured and supportive environment.
Orders
Orders of the court
PAC 208 of 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR CARDA
Applicant
AND:
MS FUSCO
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
3 JUNE 2025
PENDING FURTHER ORDER THE COURT ORDERS THAT:
1. The child X born in 2019 (“the child”) will live with the Father:
(a) From 3.00 pm or after school Friday 6 June 2025 until 9.00 am or before school on Monday 9 June 2025;
(b) From 3.00 pm or after school Friday 20 June 2025 until 9.00 am or before school on Monday 23 June 2025.
2. Thereafter, the child will live with the Father:
(a) During school term in a two-week cycle as follows:
(i) Week 1: from 3.00 pm or after school Wednesday until 9.00 am or before school on Friday;
(ii) Week 2: from 3.00 pm or after school Friday until 9.00 am or before school on Monday.
(b) During school holidays as follows:
(i) For the first half of the school holidays in odd numbered years; and
(ii) For the second half of the school holidays in even numbered years.
(c) During special occasions despite any inconsistent provision herein as follows:
(i) From 12.00 noon Christmas Eve until 4.00 pm Christmas Day in even numbered years;
(ii) From 4.00 pm Christmas Day until Boxing Day at 5.00 pm in odd numbered years;
(iii) From 9.00 am 31 December until 12.00 noon 1 January in odd numbered years;
(iv) From 9.00 am to 6.00 pm on Father’s Day;
(v) If the child is not otherwise in his care, on the child’s birthday from 3.00 pm to 7.00 pm if it occurs on a school day and 9.00 am to 1.00 pm if it is a non-school day;
(vi) From 3.00 pm until 8.00 pm on the Father's birthday.
3. The child will live with the Mother:
(a) During school term at all other times he is not otherwise living with the Father;
(b) During school holidays as follows:
(i) For the first half of the school holidays in even numbered years; and
(ii) For the second half of the school holidays in odd numbered years.
(c) During special occasions as follows:
(i) From 12.00 noon Christmas Eve until 4.00 pm Christmas Day in odd numbered years;
(ii) From 4.00 pm Christmas Day until Boxing Day at 5.00 pm in even numbered years;
(iii) From 9.00 am 31 December until 12.00 noon 1 January in even numbered years;
(iv) From 9.00 am to 6.00 pm on Mother's Day;
(v) If the child is not otherwise in her care, on the child’s birthday from 3.00 pm to 7.00 pm if it occurs on a school day and 9.00 am to 1.00 pm if it is a non-school day.
(vi) From 3.00 pm until 8.00 pm on the Mother's birthday,
Changeover
4. On school days changeover shall occur at the child’s school. For the purpose of changeover on non-school days, the Mother and Father shall meet at the McDonalds Restaurant at B Street, Suburb C.
Schooling
5. The Mother and the Father will forthwith do all things and sign all documents as may be required to continue the child's education and attendance at D School, at the Father's expense.
6. The Mother and Father are restrained from changing the child's school enrolment from D School and E School, unless agreed in writing between them.
7. The Mother and the Father shall each be permitted to attend school events of the child to which parents are permitted to attend, including but not limited to assemblies, carnivals and concerts.
Information sharing
8. The Father shall notify the Mother at least four weeks prior of any intention to change his residential address, including details of the proposed change of residential address and details as to who will be living in the new residential address.
9. The Mother shall notify the Father at least four weeks prior of any intention to change her residential address, including details of the proposed change of residential address and details as to who will be living in the new residential address.
10. Each parent shall keep the other parent informed as to their current residential telephone number, mobile telephone number and email address and advise each other within two days of any such change.
11. Each parent shall make arrangements at the child's schools to ensure that they can obtain the following information and documents at their own cost:
(a) A copy of all school reports for the child;
(b) Notification for school activities that they may decide to attend;
(c) Notification of parent/teacher nights and the school is informed that it is both parent's desire to attend such events;
(d) In the event of the child being taken from the school or pre-school for an emergency, remedial or correctional treatment that both parents be informed as soon as practicable.
12. In the event of the child suffering a medical emergency requiring medical attention while in the care of either parent:
(a) The other parent is to be notified as soon as practicable;
(b) That the other parent is to be provided with the full details of the practitioner or medical facility upon which the child attends as soon as practicable;
(c) That the medical practitioner or medical facility be advised that the other parent has access to the child's medical records and the information obtained with them upon request.
Non-denigration
13. Pursuant to section 68B (1) of the Family Law Act 1975 (Cth), the Mother and Father be and hereby are restrained by injunction from:
(a) Abusing, denigrating, demeaning or belittling the other parent, their partner and/or members of their family in the presence of or hearing of the child;
(b) Allowing or permitting any other person to abuse, denigrate, demine or belittle the other parent, their partner and/or members of their family in the presence of or hearing of the child, where that parent is present;
(c) Discussing these proceedings with the child.
Inconsistency with Family Violence Order
14. For the purposes of section 68P(2)(a) of the Family Law Act 1975 (Act), clauses of this Order may be declared to be inconsistent with clauses 3B and 9C of the provisional Apprehended Domestic Violence Order dated early 2025 and pursuant to section 68Q(1) of the Act, the provisional Apprehended Domestic Violence Order is invalid to the extent of the inconsistency.
Mother’s rent
15. To facilitate these Orders, should the mother elect to rent accommodation for herself and the child in Suburb F, Suburb G, Suburb H, Suburb J, or Suburb K, or such other suburb as may be agreed between the parties in writing, then the father shall pay the bond and rent of up to $850 per week of a lease of an apartment (or house) of the mother's choosing in that suburb for a period of 6 months in advance.
Appointment of Independent Children’s Lawyer
16. Pursuant to Section 68L of the Family Law Act 1975 (Cth) the child X born in 2019 be independently represented and the Court requests that the Legal Aid Commission provide that representation.
17. The solicitors for the parties are to forward copies of all applications, responses, affidavits and any other relevant documents to Legal Aid NSW for the attention and use of the Independent Children’s Lawyer when appointed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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