Falcone and Falcone

Case

[2014] FCCA 2315

19 September 2014


Details
AGLC Case Decision Date
Falcone and Falcone [2014] FCCA 2315 [2014] FCCA 2315 19 September 2014

CaseChat Overview and Summary

This matter concerned parenting orders between the Mother and the Father regarding their child, X. The court was required to make orders concerning the child's living arrangements and the time each parent would spend with the child.

The primary legal issue before the court was to determine the best interests of the child, X, in accordance with section 60CC of the *Family Law Act 1975* (Cth). This involved considering various factors relevant to the child's welfare, including the need for the child to have a meaningful relationship with both parents, the potential for family violence, and the child's views. The court also considered the need for interventions to facilitate cooperative parenting and dispute resolution.

The court ordered that the child, X, live with the Father. The Mother was granted specific time with the child on Mondays, Thursdays, and Saturdays, with additional time to be agreed upon by the parties. Crucially, the court ordered the appointment of a Family Consultant to prepare a report pursuant to section 62G of the Act. This report was to address the child's welfare, the factors under section 60CC, potential interventions for cooperative parenting and dispute resolution, and the child's views if expressed. The court also made directions regarding the Family Consultant's role, including notification for cross-examination, attendance at appointments, and liberty to list the matter for further directions. The matter was adjourned for mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

1

FALCONE & FALCONE (No.2) [2016] FCCA 1274
Cases Cited

0

Statutory Material Cited

2