Fasolo and Fasolo

Case

[2014] FCCA 3025

19 December 2014


Details
AGLC Case Decision Date
Fasolo and Fasolo [2014] FCCA 3025 [2014] FCCA 3025 19 December 2014

CaseChat Overview and Summary

This matter concerned an application by the Applicant father and the Respondent mother regarding parenting orders for their three children. The dispute centred on the living arrangements and time spent with the children. The decision was made by Judge Scarlett.

The court was required to determine the primary residence of the children, the specific arrangements for the father's time with them during school terms and holidays, and provisions for communication between the father and children. Additionally, the court needed to address the parties' compliance with professional recommendations concerning the children's health and establish orders to prevent denigration of either parent in the children's presence.

Judge Scarlett ordered that the children are to live with the Respondent mother and spend time with the Applicant father on alternate weekends during school terms, with specific Saturday afternoon time in the intervening weekends. The father is responsible for collecting the children at the commencement of his time, and the mother at the conclusion. Specific arrangements were made for the children's time with the father during the 2014 New South Wales Christmas school holidays, including a one-week block and a further three-day period. The court also stipulated specific times for the children to spend with each parent during the Christmas Eve and Boxing Day period. Further orders included provisions for the father to communicate with the children via a provided mobile telephone, the parties' compliance with paediatrician and dietician recommendations, and an injunction restraining denigration of either parent in the children's presence. The mother was also ordered to provide the father with the children's general practitioner's details to facilitate a discussion about their medical needs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346