FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Correa & Maestri (No 2) [2023] FedCFamC2F 507
File number: ADC 3300 of 2018 Judgment of: JUDGE BROWN Date of judgment: 12 May 2023 Catchwords: FAMILY LAW – Parenting – final hearing – high conflict – parenting arrangements for child aged 7 – where the parties have no capacity to co-parent – parties have diverse cultural background – where final orders were made by consent in 2018 – parties each seek primary care of the child – whether a change in arrangement would be in the child’s best interests – assessment of risk – matters to be considered – overseas travel – conferral of parental responsibility Legislation: Family Law Act 1975 (Cth) Pt VII, ss 4, 4AB, 60B, 60CA, 60CC, 61B, 61DA, 64B, 65C, 65D, 65DAA, 65DAC, 65DAE, 68LA
Evidence Act1995 (Cth) s 140
Intervention Orders (Prevention of Abuse) Act 2009 (SA)
Family Law Amendment (Shared Parental Responsibility) Bill 2006 (Cth)
Cases cited: Astor & Astor [2007] FamCA 355
B v B: Family Law Reform Act 1995 (1997) FLC 92-755
Bartel & Schmucker (No 3) [2012] FamCA 1094
Bright v Bright (1995) FLC 92-570
Deiter & Deiter [2011] FamCAFC 82
Correa & Maestri [2022] FedCFamC2F 609
Eaby & Speelman (2015) FamCAFC 104
Fox v Percy (2003) 214 CLR 118
Gin & Hing [2010] FamCA 617
Goode & Goode [2006] FamCA 1346
H v W (1995) 18 Fam LR 788
Jurchenko & Foster (2014) 51 Fam LR 588
M & M (1988) 166 CLR 69
Mazorski v Albright (2007) 37 Fam LR 518
MRR v GR (2010) 240 CLR 461
N & S and the Separate Representative (1996) FLC 92-655
R & R: Children’s Wishes (2000) 25 Fam LR 712
Russell & Russell & Anor [2009] FamCA 28
Slater & Light [2013] FamCAFC 4
Taylor & Barker (2007) FLC 93-345
Zawai & Rayne [2016] FamCAFC 90
Division: Division 2 Family Law Number of paragraphs: 433 Date of last submissions: 23 February 2023 Date of hearing: 8, 9, 10 August 2022, 17, 18 October 2022 & 1 February 2023 Place: Adelaide Counsel for the Applicant: Ms Cocks Solicitor for the Applicant: D’Angelo Lawyers Counsel for the Respondent: Mr McLeod Solicitor for the Respondent: Ryder Family Law Counsel for the Independent Children's Lawyer: Ms Boyle Solicitor for the Independent Children's Lawyer: Legal Services Commission of South Australia ORDERS
ADC 3300 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR CORREA
Applicant
AND: MS MAESTRI
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE BROWN
DATE OF ORDER:
12 May 2023
THE COURT ORDERS THAT:
1.All previous parenting orders are hereby discharged.
2.The parties shall have equal shared parental responsibility for the child X born in 2015 (‘X’).
3.X shall live with each of the parties as follows:
(a)With the mother from the date of these orders until the conclusion of school on 19 May 2023;
(b)Commencing 19 May 2023, on a week about basis with the father from the conclusion…
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