Delucca and Decarlo

Case

[2016] FamCA 497

3 June 2016


Details
AGLC Case Decision Date
Delucca and Decarlo [2016] FamCA 497 [2016] FamCA 497 3 June 2016

CaseChat Overview and Summary

In the matter of *Delucca and Decarlo*, Hannam J of the Federal Circuit Court of Australia made orders concerning the parenting of a child, B, born in 2007. The dispute involved the arrangements for the child's residence, time spent with each parent, and parental responsibility.

The court was required to determine the primary residence of the child, the extent of equal shared parental responsibility, and the specific time each parent would spend with the child, including during school terms, holidays, and on significant dates. Further issues included provisions for communication between parents and the child, changeover arrangements, prohibitions against denigration, notification requirements for addresses and medical emergencies, and specific therapeutic interventions for the father and the child.

Hannam J ordered that the child, B, live with the father and that the parties have equal shared parental responsibility. The court detailed a specific fortnightly schedule for the child's time with the mother during school terms, as well as arrangements for school holidays and specific days such as birthdays and Mother's Day. Provisions were also made for the child's time with the father on his birthday, Father's Day, and Christmas Day. The orders included stipulations for telephone communication, changeover locations, prohibitions against denigration, and requirements for notification of addresses and medical emergencies. Crucially, the father was ordered to continue attending therapy to address communication skills, a child-focused parenting approach, controlling behaviours, and awareness of the impact of his words and actions. The father was also ordered to facilitate the child's attendance at therapy. The court also imposed restrictions on seeking further health or medical treatment for the child without parental agreement. All previous parenting orders were discharged, and outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

G & C [2006] FamCA 994