DRUJE & MARTINELLI
Case
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[2015] FamCA 751
•11 September 2015
Details
AGLC
Case
Decision Date
DRUJE & MARTINELLI [2015] FamCA 751
[2015] FamCA 751
11 September 2015
CaseChat Overview and Summary
The case of *Druje & Martinelli* concerned parenting orders for a child, B, born in 2009. The proceedings were before Stevenson J in the Family Court of Australia. The dispute revolved around arrangements for the child's time with each parent, including specific periods of time, interstate travel, and communication protocols.
The court was required to determine the specific arrangements for the child's time with the father, including a period over Christmas 2015 and a weekend in October 2015. Further issues included whether the father should be permitted to travel interstate with the child, the required notice period for interstate travel by either parent, and the preferred methods of communication between the parents regarding the child. The court also needed to establish a procedure for changeovers when school-based changeovers were not feasible.
Stevenson J made orders that the child would spend specific periods with the father, including from 10.00 am on 25 December 2015 to 1.00 pm on 27 December 2015, with liberty to travel to South Australia during that time. The court also ordered that either parent wishing to travel interstate with the child must provide at least 21 days' prior written notice to the other parent, including travel and accommodation details. For changeovers not occurring at the child's school, the father was to deliver the child to the mother's home and notify her by text message of the child's arrival. The court further ordered that the parties communicate regarding the child's welfare and the implementation of orders via text message, email, or other electronic means.
The court was required to determine the specific arrangements for the child's time with the father, including a period over Christmas 2015 and a weekend in October 2015. Further issues included whether the father should be permitted to travel interstate with the child, the required notice period for interstate travel by either parent, and the preferred methods of communication between the parents regarding the child. The court also needed to establish a procedure for changeovers when school-based changeovers were not feasible.
Stevenson J made orders that the child would spend specific periods with the father, including from 10.00 am on 25 December 2015 to 1.00 pm on 27 December 2015, with liberty to travel to South Australia during that time. The court also ordered that either parent wishing to travel interstate with the child must provide at least 21 days' prior written notice to the other parent, including travel and accommodation details. For changeovers not occurring at the child's school, the father was to deliver the child to the mother's home and notify her by text message of the child's arrival. The court further ordered that the parties communicate regarding the child's welfare and the implementation of orders via text message, email, or other electronic means.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
DRUJE & MARTINELLI [2015] FamCA 751
Cases Citing This Decision
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Statutory Material Cited
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