Geraldes and Geraldes

Case

[2017] FamCA 585

8 August 2017


Details
AGLC Case Decision Date
Geraldes and Geraldes [2017] FamCA 585 [2017] FamCA 585 8 August 2017

CaseChat Overview and Summary

In the matter of *Geraldes and Geraldes*, Rees J of the Federal Circuit Court of Australia made orders concerning the welfare and living arrangements of a child, B. The proceedings involved the father, Mr Geraldes, and the mother, Ms Geraldes, who were in dispute regarding their child.

The court was required to determine interim arrangements for the child, including prohibitions on international travel, the occupation of the former matrimonial home, and the specific terms of the child's time with each parent. Additionally, the court addressed the need for supervised contact and parental participation in counselling and mediation services.

Rees J ordered, by consent and pending further order, that the father and mother be restrained from removing the child from Australia, with the Australian Federal Police to be notified and the child placed on the Airport Watch List. The mother was granted exclusive occupation of the former matrimonial home, responsible for mortgage payments, with the treatment of these payments to be determined at a final hearing. The court also detailed a phased approach to the child's time with the father, commencing with supervised visits by a professional service, transitioning to supervision by the paternal grandmother, and eventually increasing the duration of unsupervised time. Both parents were directed to engage with counselling and mediation services, including a specific program for parental contact, and to comply with the recommendations of these services. The father was also ordered to ensure the child was in an approved child restraint when travelling in a motor vehicle.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Consent

  • Remedies

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