Damiani and Damiani
Case
•
[2008] FamCA 1154
•19 December 2008
Details
AGLC
Case
Decision Date
Damiani and Damiani [2008] FamCA 1154
[2008] FamCA 1154
19 December 2008
CaseChat Overview and Summary
The case of *Damiani and Damiani* concerned parenting orders made by the court regarding the child of the marriage. The primary dispute revolved around the arrangements for the child's residence, time spent with each parent, and communication protocols between the parents. The court was required to determine the specific terms of these arrangements, balancing the child's best interests with the parents' respective roles and responsibilities.
The court's reasoning focused on establishing a clear and structured framework for the child's upbringing. This involved making orders for sole parental responsibility for the mother, with an obligation for the father to be consulted on major long-term issues. The court detailed a specific schedule for the child to live with the mother and spend time with the father, including provisions for weekdays, weekends, school holidays, and specific festive periods. Furthermore, the court imposed restrictions on the father's communication with the mother, limiting it to mail or email for child-related matters and telephone only in emergencies, while also outlining protocols for notification in cases of the child's illness or injury.
The court's final orders established that the mother would have sole parental responsibility for the child, who would live with her. A detailed schedule for the child's time with the father was set out, along with specific provisions for communication between the parents and notification requirements in the event of the child's illness or injury. The orders also authorised the disclosure of relevant documents to health professionals and clergy.
The court's reasoning focused on establishing a clear and structured framework for the child's upbringing. This involved making orders for sole parental responsibility for the mother, with an obligation for the father to be consulted on major long-term issues. The court detailed a specific schedule for the child to live with the mother and spend time with the father, including provisions for weekdays, weekends, school holidays, and specific festive periods. Furthermore, the court imposed restrictions on the father's communication with the mother, limiting it to mail or email for child-related matters and telephone only in emergencies, while also outlining protocols for notification in cases of the child's illness or injury.
The court's final orders established that the mother would have sole parental responsibility for the child, who would live with her. A detailed schedule for the child's time with the father was set out, along with specific provisions for communication between the parents and notification requirements in the event of the child's illness or injury. The orders also authorised the disclosure of relevant documents to health professionals and clergy.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Damiani and Damiani [2008] FamCA 1154
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Brown v The The Queen
[2022] NSWCCA 116
Brown v The The Queen
[2022] NSWCCA 116