Collu and Rinaldo
Case
•
[2009] FamCA 461
•31 March 2009
Details
AGLC
Case
Decision Date
Collu and Rinaldo [2009] FamCA 461
[2009] FamCA 461
31 March 2009
CaseChat Overview and Summary
In the matter of *Collu and Rinaldo*, Stevenson J considered parenting orders concerning a child born in December 2005. The dispute involved the arrangements for the child's residence and time with each parent, particularly in light of the mother's potential relocation. The court was tasked with determining the most appropriate parenting arrangements for the child, considering the parents' respective circumstances and the child's best interests.
The central legal issues before the court were the discharge of existing parenting orders, the establishment of equal shared parental responsibility, and the specific arrangements for the child's residence and time with each parent. This included determining where the child would live and spend time, depending on the mother's residential location, and how these arrangements would transition once the child commenced formal education. The court also considered the child's surname and the inclusion of specific details regarding obligations and consequences of contravention within the orders.
Stevenson J discharged all existing parenting orders and made new orders reflecting equal shared parental responsibility. The court ordered the mother to return the child to Sydney within 30 days. The residence and time orders were contingent on the mother's location, with specific provisions for when she resided in Dubai or north Queensland, and alternative arrangements if she remained in Sydney. These orders detailed the child's living arrangements and time with each parent, both before and after commencing formal education, and included provisions for holidays and special occasions. The court also ordered that the child be registered with the surname "Rinaldo-Collu" and incorporated a fact sheet detailing obligations and consequences of contravention into the orders.
The central legal issues before the court were the discharge of existing parenting orders, the establishment of equal shared parental responsibility, and the specific arrangements for the child's residence and time with each parent. This included determining where the child would live and spend time, depending on the mother's residential location, and how these arrangements would transition once the child commenced formal education. The court also considered the child's surname and the inclusion of specific details regarding obligations and consequences of contravention within the orders.
Stevenson J discharged all existing parenting orders and made new orders reflecting equal shared parental responsibility. The court ordered the mother to return the child to Sydney within 30 days. The residence and time orders were contingent on the mother's location, with specific provisions for when she resided in Dubai or north Queensland, and alternative arrangements if she remained in Sydney. These orders detailed the child's living arrangements and time with each parent, both before and after commencing formal education, and included provisions for holidays and special occasions. The court also ordered that the child be registered with the surname "Rinaldo-Collu" and incorporated a fact sheet detailing obligations and consequences of contravention into the orders.
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Areas of Law
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Family Law
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Citations
Collu and Rinaldo [2009] FamCA 461
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