Gallieni and Gallieni

Case [2008] FamCA 1180

FAMILY COURT OF AUSTRALIA

GALLIENI & GALLIENI [2008] FamCA 1180
FAMILY LAW  -  CHILDREN  -  dispute about schools  -  interim order to remain at current school  -  final parenting orders save re schooling
Family Law Act, 1975 (C’th)
HUSBAND: Mr Gallieni
WIFE: Ms Gallieni
INDEPENDENT CHILDREN’S LAWYER:
FILE NUMBER: MLC 7541 of 2008
DATE DELIVERED: 10 December 2008
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Brown J
HEARING DATE: 10 December 2008

REPRESENTATION

COUNSEL FOR THE HUSBAND: Mr G. Kenworthy
SOLICITOR FOR THE HUSBAND: Kenworthy Lawyers
COUNSEL FOR THE WIFE: Mr T. Moisidis
SOLICITOR FOR THE WIFE: Slater & Gordon
COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER Ms S.E. Mansfield
INDEPENDENT CHILDREN’S LAWYER Victoria Legal Aid

Orders

  1. That the parties have equal shared parental responsibility for … born … July, 1993 (“the child”). 

  2. That the child live with the wife.

IT IS FURTHER ORDERED

  1. That until further order the child remain enrolled at M College in H, Victoria, subject to any agreement in writing to the contrary between the parties. 

IT IS FURTHER ORDERED BY CONSENT

  1. That the child spend time with the husband as follows :

    (a)at Melbourne from 21 December, 2008 until 2 January, 2009;

    (b)for the second half of the long summer holidays which commence in 2009;

    (c)for the first half of the long summer holidays which commence in 2010;

    (d)for the first half of the school term holidays in 2009 and 2011;

    (e)for the second half of the school term holidays in 2010;  and

    (f)at other times by agreement. 

  2. That the wife facilitate the child contacting/or being contacted by the husband via mobile telephone or internet that he pays for at any reasonable time and in private. 

  3. That the husband, the wife and their servants and/or agents be restrained from denigrating the other to the child or in her presence or hearing. 

  4. That the husband, the wife, their servants and/or agents be restrained from discussing with the child or in her presence the Family Court proceedings including child support and financial matters between them.

  5. That all extant applications for parenting orders be dismissed, save applications relating to the child’s education, which may be re-listed upon notice. 

  6. That the evidence of Mr. V be transcribed and a copy made available to the parties.

  7. That a transcript of the proceedings be obtained and placed on the court file.

  8. That the reasons for judgment this day be transcribed and copies made available to the parties.

  9. That pursuant to s.62B and s.65DA(2), of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders, and details of who can assist parties adjust to and comply with an order, are set out in the document entitled “Family Law Courts Fact Sheet” a copy of which is annexed to these orders.

  10. That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.

AND THE COURT NOTES

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Gallieni and Gallieni [2008] FamCA 1180
Case
[2008] FamCA 1180
Decision Date

CaseChat Overview and Summary

In *Gallieni and Gallieni*, heard by Brown J, the court was tasked with determining parenting orders for a child born in July 1993. The dispute concerned the arrangements for the child's living situation, time spent with each parent, and communication between the child and the non-resident parent.

The primary legal issues before the court were the allocation of parental responsibility, the child's primary residence, and the specific arrangements for the child's time with the husband, including holiday periods and ongoing contact. The court also had to consider orders relating to the child's education, communication methods, and the conduct of the parties towards the child and in relation to court proceedings.

The court ordered that the parties share equal parental responsibility for the child. The child was ordered to live with the wife, and to remain enrolled at M College in H, Victoria, unless otherwise agreed in writing. The husband was granted specific time with the child during various holiday periods and by agreement, and the wife was to facilitate the child contacting the husband via mobile telephone or internet. Furthermore, both parties were restrained from denigrating the other to the child and from discussing Family Court proceedings, including child support and financial matters, with the child. All extant applications for parenting orders were dismissed, with the exception of those relating to the child's education. The court also noted the wife's undertaking to be responsible for the child's college fees, absent any agreement or order for the husband to contribute.

Orders

Orders of the court

1.

That the parties have equal shared parental responsibility for … born … July, 1993 (“the child”).

2.

That the child live with the wife.

IT IS FURTHER ORDERED

3.

That until further order the child remain enrolled at M College in H, Victoria, subject to any agreement in writing to the contrary between the parties.

IT IS FURTHER ORDERED BY CONSENT

4.

That the child spend time with the husband as follows :

(a) at Melbourne from 21 December, 2008 until 2 January, 2009;

(b) for the second half of the long summer holidays which commence in 2009;

(c) for the first half of the long summer holidays which commence in 2010;

(d) for the first half of the school term holidays in 2009 and 2011;

(e) for the second half of the school term holidays in 2010; and

(f) at other times by agreement.

5.

That the wife facilitate the child contacting/or being contacted by the husband via mobile telephone or internet that he pays for at any reasonable time and in private.

6.

That the husband, the wife and their servants and/or agents be restrained from denigrating the other to the child or in her presence or hearing.

7.

That the husband, the wife, their servants and/or agents be restrained from discussing with the child or in her presence the Family Court proceedings including child support and financial matters between them.

8.

That all extant applications for parenting orders be dismissed, save applications relating to the child’s education, which may be re-listed upon notice.

9.

That the evidence of Mr. V be transcribed and a copy made available to the parties.

10.

That a transcript of the proceedings be obtained and placed on the court file.

11.

That the reasons for judgment this day be transcribed and copies made available to the parties.

12.

That pursuant to s.62B and s.65DA(2), of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders, and details of who can assist parties adjust to and comply with an order, are set out in the document entitled “Family Law Courts Fact Sheet” a copy of which is annexed to these orders.

13.

That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.

AND THE COURT NOTES

The evidence of the wife that she will assume responsibility for the payment of the child’s fees at M College, H, absent any agreement by the husband to contribute or order of the court that he contribute.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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