CARDONO & CARDONO

Case

[2018] FCCA 2449

5 September 2018


Details
AGLC Case Decision Date
CARDONO & CARDONO [2018] FCCA 2449 [2018] FCCA 2449 5 September 2018

CaseChat Overview and Summary

In the matter of CARDONO & CARDONO, the Family Court of Australia considered a dispute between the Mother and the Father concerning the parenting arrangements for their ten-year-old son. The Mother sought sole parental responsibility, proposing that the Father's time with the child occur at a supervised contact centre no more than four times annually. Conversely, the Father sought one Saturday per month of supervised time with the child, with supervision to be provided by the paternal aunt.

The central legal issues before the Court were whether the parties should have equal shared parental responsibility for their son, or if the Mother should be granted sole parental responsibility. This determination was to be made in light of allegations of numerous serious risk issues surrounding the child spending time with the Father.

Judge Bender determined that the Mother should have sole parental responsibility for the child. The Court ordered that the child live with the Mother and spend time and communicate with the Father in accordance with the Mother's wishes. Specifically, the child was to spend time with the Father at the Berry Street Contact Centre on four occasions per year for two-hour periods, subject to the Centre's availability and conditions. The Court also imposed an injunction restraining the Father from consuming alcohol, illicit substances, or unprescribed medication for 24 hours prior to or during any time spent with the children. Further orders detailed communication protocols regarding the children's health, education, and general well-being, as well as injunctions against denigrating the other parent or discussing proceedings in the children's presence.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

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Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346