Ferrer and Ferrer

Case

[2018] FCCA 3107

19 October 2018


Details
AGLC Case Decision Date
Ferrer and Ferrer [2018] FCCA 3107 [2018] FCCA 3107 19 October 2018

CaseChat Overview and Summary

In the matter of *Ferrer and Ferrer*, heard before Judge A Kelly, the dispute concerned parenting arrangements for a child, [X], born in 2012. The orders indicate a history of conflict and concerns regarding the father's conduct, necessitating court intervention to establish clear and supervised arrangements for the child's time with each parent.

The court was required to determine the specific terms of parental responsibility and the practical arrangements for the child's time with the father. Key issues included the level of supervision required for the father's time with the child, the involvement of the father's adult daughters in the child's life, and the need for drug and alcohol screening for the parents. The court also addressed the independent representation of the child and the process for future conciliation and final hearings.

The court made orders for equal shared parental responsibility, with specific time allocations for the father. Crucially, the child's time with the father was to be substantially supervised by the father's adult daughter, Ms S, conditional on her filing an undertaking. The father's other adult daughter, Ms A, was permitted to spend time with the child during the father's time, notwithstanding an existing intervention order. The parties were ordered to undertake supervised drug and alcohol screening, with results to be provided to the Independent Children's Lawyer (ICL). The court also ordered that the child be independently represented by an ICL, requesting Victoria Legal Aid to arrange this representation and outlining the ICL's responsibilities and reporting requirements. Further, the parties were directed to attend a conciliation conference and exchange specific documents beforehand. The court noted outstanding questions regarding the father's participation in an anger management program and the potential need for therapeutic counselling and psychiatric assessments.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Consent

  • Remedies

  • Jurisdiction

  • Costs

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