FELICI & BAGINI

Case

[2020] FamCA 111

17 February 2020


Details
AGLC Case Decision Date
FELICI & BAGINI [2020] FamCA 111 [2020] FamCA 111 17 February 2020

CaseChat Overview and Summary

In the matter of *Felici & Bagini*, Benjamin J of the Family Court of Australia determined competing applications concerning the future residence and parental responsibility of a child born in 2016. The father, Mr Felici, sought orders for the child to live with him in Australia and for Australia to be declared the child's habitual residence. The mother, Ms Bagini, sought the child to relocate to Europe to live with her.

The court was required to determine whether the child should remain in Australia with the father or relocate to Europe with the mother, and consequently, what orders for parental responsibility, time spent with each parent, and communication should be made. The court also considered applications for costs made by both parties.

Benjamin J ordered that all previous parenting orders be discharged and declared Australia to be the child's habitual residence. The child was ordered to live with the father, and both parents were granted equal shared parental responsibility. The court made detailed orders for the child to spend time with the mother in Italy, including specific arrangements for travel, communication, and school attendance, with provisions for the registration of the orders in Italy. The applications for costs made by both the father and the mother were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

Yamada & Cain [2013] FamCAFC 64
Marsden & Winch (No. 3) [2007] FamCA 1364
Penfold v Penfold [1980] HCA 4