Ellis and Massimino-Ellis

Case

[2013] FamCA 738

27 September 2013


Details
AGLC Case Decision Date
Ellis and Massimino-Ellis [2006] FamCA 738 [2013] FamCA 738 27 September 2013

CaseChat Overview and Summary

This matter concerned an application by the mother, Ellis, and the father, Massimino-Ellis, regarding parenting orders for their child, B. The proceedings were heard by Loughnan J.

The court was required to determine the specific arrangements for the child's residence, time spent with each parent, and parental responsibility for major long-term issues. Key issues included the extent of the father's time with the child, the supervision of that time, and the allocation of decision-making authority concerning the child's upbringing. The court also had to consider orders relating to the child's welfare, including prohibitions on physical discipline and the discussion of proceedings with the child, as well as specific restrictions on the father's conduct while the child is in his care.

Loughnan J made orders that the mother would have sole parental responsibility for all major long-term issues concerning the child, subject to a process of consultation with the father. The child was ordered to live with the mother, and the father was granted supervised time with the child, with the duration and supervision requirements progressively decreasing over time. The court also made orders regarding the child's schooling, passport, and special days, and imposed specific restraints on both parents concerning the child's discipline and exposure to the proceedings. Furthermore, the parties were ordered to engage with a therapist and to contribute to the costs of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

8

Leighton & Carey [2010] FamCAFC 94
M v M [1988] HCA 68
Briginshaw v Briginshaw [1938] HCA 34