Correa & Maestri

[2022] FedCFamC2F 609

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Correa & Maestri [2022] FedCFamC2F 609  

File number(s):

ADC 3300 of 2018

Judgment of:

JUDGE BROWN

Date of judgment:

22 April 2022

Catchwords:

FAMILY LAW – parenting – interim time spending arrangements – child aged six years of age – high conflict between parents – allegations of child abuse – father strongly denies any allegations – whether time spending arrangements should be suspended to await police investigation – assessment of risk – best interests – matters to be considered

Legislation:

Family Law Act 1975 (Cth) ss 60CC, 68LA

Cases cited:

Slater& Light [2013] FamCAFC 4

W & W [Abuse allegations: unacceptable risk] [2005] FamCA 892

Division:

Division 2 Family Law

Number of paragraphs:

81

Date of hearing:

22 April 2022

Place:

Adelaide

Counsel for the Applicant:

Ms Cocks

Solicitor for the Applicant:

D’Angelo Lawyers

Solicitor for the Respondent:

Clarke Hemmerling Lawyers

ORDERS

ADC 3300 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR CORREA

Applicant

AND:

MS MAESTRI

Respondent

AND:

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE BROWN
DATE OF ORDER:	22 APRIL 2022

THE COURT ORDERS THAT:

1.The mother deliver the child to the father at 3.00pm on 28 April 2022 and thereafter the time spending arrangements pursuant to the orders of 28 August 2020 do continue.

2.The parties are restrained from:

(a)abusing or denigrating the other in the presence or hearing of the child or permitting any other person to do so;

(b)discussing these proceedings or any allegations with the child;

(c)physically disciplining the child.

3.Further consideration of the matter is adjourned to 5 May 2022 at 9.30am for directions via MS Teams to list a Trial date NOTING the parties will be forwarded a link for the hearing by the close of business on the day prior or can dial in on [phone] and use passcode 574 862 731#

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Correa & Maestri has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

JUDGE BROWN:

INTRODUCTION

1. The reasons for judgment in this matter are being delivered orally following the hearing between the parties concerned. These reasons have been corrected for errors of expression and syntax in an attempt to make the orally delivered…