Carone and Yantis

Case

[2011] FamCA 853

3 November 2011


Details
AGLC Case Decision Date
Carone and Yantis [2011] FamCA 853 [2011] FamCA 853 3 November 2011

CaseChat Overview and Summary

This matter concerned orders made by Justice Loughnan in the Family Court of Australia regarding the parental responsibility and living arrangements for a child, N Yantis. The dispute involved the father and mother of the child, and the court was required to determine the specific terms of parental responsibility, the child's living arrangements, and various ancillary matters concerning communication, education, and the child's welfare.

The court was tasked with establishing orders for sole parental responsibility, defining a detailed schedule for the child to live with the mother on a fortnightly cycle and during school holidays, and specifying alternative living arrangements for other times. Additionally, the court needed to address provisions for Father's Day and Mother's Day, specific holiday periods, collection and handover arrangements, the child's education, communication between parents and the child, and prohibitions against denigration, physical discipline, and drug use. The court also considered orders relating to medical treatment, circumcision, school reports, and the removal of the child from Australia.

Justice Loughnan ordered that the father shall have sole parental responsibility for the child. The court then set out a comprehensive schedule for the child to live with the mother on a fortnightly cycle, including specific arrangements for school days and weekends, and detailed provisions for school holiday periods across different terms and years. Further orders stipulated that the child shall live with the father at all other times, with specific provisions for Father's Day and Mother's Day. The court also made orders regarding the collection and handover of the child, the child's education at a Catholic school with the mother initially responsible for fees, and communication between the parents and the child. Prohibitions were placed on denigrating the other parent, physical discipline, drug use, and discussing disputes in the child's presence. The court also made orders to prevent the child's removal from Australia and requested the assistance of law enforcement agencies. The parties were given liberty to restore the matter within 28 days to address any discrepancies between the orders and the reasons for judgment.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Most Recent Citation
Daplyn and Ness [2012] FMCAfam 959

Cases Citing This Decision

1

Daplyn and Ness [2012] FMCAfam 959
Cases Cited

1

Statutory Material Cited

0

Leighton & Carey [2010] FamCAFC 94