Cecchi and Kalloway and Ors
Case
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[2018] FamCA 209
•13 March 2018
Details
AGLC
Case
Decision Date
Cecchi and Kalloway and Ors [2018] FamCA 209
[2018] FamCA 209
13 March 2018
CaseChat Overview and Summary
In *Cecchi and Kalloway and Ors*, heard before Gill J, the dispute concerned parenting orders for a child, specifically the time the child would spend with her paternal grandparents and the father's contact with the child during those periods. The existing orders provided for the child to spend time with the father on alternate weekends.
The court was required to determine the terms upon which the paternal grandparents would spend time with the child, and crucially, whether the father should be permitted to have contact with the child whilst the child was in the care of the paternal grandparents. The court also had to consider the conditions under which the paternal grandparents would exercise their time with the child, including notification requirements and restrictions on contact with the father.
Gill J ordered that the child spend time with the paternal grandparents on every fourth weekend that the father was due to spend time with the child, commencing from the second such weekend after the orders were made. These arrangements were subject to specific conditions: the paternal grandparents were to collect and return the child to the F Town Police Station, they were not to bring the child into contact with the father except as provided by existing orders, and they were to notify the mother of any illness or injury requiring medical treatment. Furthermore, the father was restrained by injunction from spending time with the child when the child was in the care of the paternal grandparents, except in accordance with the existing alternate weekend arrangements.
The court was required to determine the terms upon which the paternal grandparents would spend time with the child, and crucially, whether the father should be permitted to have contact with the child whilst the child was in the care of the paternal grandparents. The court also had to consider the conditions under which the paternal grandparents would exercise their time with the child, including notification requirements and restrictions on contact with the father.
Gill J ordered that the child spend time with the paternal grandparents on every fourth weekend that the father was due to spend time with the child, commencing from the second such weekend after the orders were made. These arrangements were subject to specific conditions: the paternal grandparents were to collect and return the child to the F Town Police Station, they were not to bring the child into contact with the father except as provided by existing orders, and they were to notify the mother of any illness or injury requiring medical treatment. Furthermore, the father was restrained by injunction from spending time with the child when the child was in the care of the paternal grandparents, except in accordance with the existing alternate weekend arrangements.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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