FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FAN & NAPOLI | [2011] FMCAfam 761 |
| FAMILY LAW – Parenting – child pornography – paraphilia – cyber sex – internet addiction – COPINE scale – whether unacceptable risk of abuse – no contact. |
| Family Law Act 1975, ss.60B(1)(a) and (b), 60CA, 60CC, 60D, 61DA, 64(1)(a), 65DAA(1)(b) and (2)(d), 69ZT(3), 69ZV, 100A, 121 Evidence Act 1995 (Cth), s.140 Federal Magistrates Court Act 1999, s.61 Law Reform Act 1995 |
| A. v. A. (1976) V.R. 298 B and B [Access] FLC 91-758 B and B: Family Law Reform Act 1995 (1997) FLC 92-755 Briginshaw v. Briginshaw (1938) 60 C.L.R. 336 Brown and Pedersen (1992) FLC ¶92-271 cf. J. v. Lieschke (1987) 162 C.L.R. 447 G. (a minor) (1987) 1 W.L.R. 1461 Goode & Goode (2006) FLC 93-286 Leveque v. Leveque (1983) 54 B.C.L.R. 164 M and M (1987) FLC ¶91-830 McKee v. McKee (1951) A.C. 352 MRR v GR [2010] HCA 4 N and S and the Separate Representative (1996) FLC 92-655 Re W Abuse Allegations; Expert Evidence (2001) FLC 93-085 Re W (Sex Abuse: Standard of Proof) [2004] FamCA 768, FLC 93-192 Reynolds v. Reynolds (1973) 47 A.L.J.R. 499; 1 A.L.R. 318 S v S [1993] NZFLR 657 TF and JF and Children’s Representative [2005] FamCA 394 V and V [2004] FamCA 1081 Vasser & Taylor-Black [2007] FamCA 547 W and W (abuse allegations: unacceptable risk) [2005] Fam CA 892; (2005) FLC 93-235; (2005) 34 Fam LR 129 WK v SR (1997) FLC 92-787 |
| Applicant: | MS FAN |
| Respondent: | MR NAPOLI |
| File Number: | WOC 1156 of 2008 |
| Judgment of: | Altobelli FM |
| Hearing dates: | 10-13 May 2011, 21-22 July 2011 |
| Date of Last Submission: | 22 July 2011 |
| Delivered at: | Sydney |
| Delivered on: | 6 October 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Thomas |
| Solicitors for the Applicant: | DGB Lawyers |
| Solicitor for the Respondent: | Mr Ulbrick, G & D Lawyers |
| Counsel for the Independent Children’s Lawyer: | Mr Macpherson |
| Solicitors for the Independent Children’s Lawyer: | Legal Aid NSW |
ORDERS
THE COURT ORDERS THAT:
The Mother has sole parental responsibility for the child, [X], born [in] 2006.
The child live with the Mother
The Mother is restrained from making critical, negative or derogatory remarks about the Father or members of his family in the presence or within hearing of the child and the Mother shall do all things reasonably necessary to ensure that no other person makes any critical or derogatory remarks about the Father or members of the Father’s family in the presence or within hearing of the child.
The Mother is to provide the necessary authorities to the Principal of any school attended by the child to ensure that the school forwards to the Father copies of the child’s school reports as they fall due.
The Mother is to keep the Father advised of important medical issues and emergencies in relation to the child.
IT IS NOTED that publication of this judgment under the pseudonym Fan & Napoli is approved pursuant to s.121(9)(g) of the Family Law Act
Continue reading Fan and Napoli
Sign in free to access the full text
- AGLC
- Fan and Napoli [2011] FMCAfam 761
- Case
- [2011] FMCAfam 761
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the mother’s conduct towards the father and his family was detrimental to the child, the impact of the mother’s negative remarks on the child, and whether there were grounds to grant sole parental responsibility to either party. The court considered evidence regarding the child’s relationship with both parents, the parents’ ability to provide for the child’s needs, and the effect of the parents’ conduct on the child’s well-being.
The court found that the mother’s critical and derogatory remarks about the father and his family in the presence of the child were harmful and detrimental to the child’s emotional and psychological well-being. Despite the mother’s efforts to mitigate this conduct, the court determined that sole parental responsibility should remain with the mother, given her capacity to provide for the child’s needs and ensure a stable environment. The court also ordered that the child live with the mother and imposed specific conditions on the mother to prevent further negative remarks and to ensure the father is kept informed of the child’s educational and medical needs. This decision balanced the child’s need for a stable living arrangement with the requirement to protect the child from harmful conduct by the mother.
Orders
Orders of the court
THE COURT ORDERS THAT:
1.
The Mother has sole parental responsibility for the child, [X], born [in] 2006.
2.
The child live with the Mother
3.
The Mother is restrained from making critical, negative or derogatory remarks about the Father or members of his family in the presence or within hearing of the child and the Mother shall do all things reasonably necessary to ensure that no other person makes any critical or derogatory remarks about the Father or members of the Father’s family in the presence or within hearing of the child.
4.
The Mother is to provide the necessary authorities to the Principal of any school attended by the child to ensure that the school forwards to the Father copies of the child’s school reports as they fall due.
5.
The Mother is to keep the Father advised of important medical issues and emergencies in relation to the child.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.