Lomeli and Viera
Case
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[2014] FCCA 2470
•17 October 2014
Details
AGLC
Case
Decision Date
Lomeli and Viera [2014] FCCA 2470
[2014] FCCA 2470
17 October 2014
CaseChat Overview and Summary
In the matter of *Lomeli and Viera*, heard before Judge Scarlett, the dispute concerned parenting orders for a child born in 2010. The court was required to determine the appropriate arrangements for the child's residence, time spent with each parent, and parental responsibility, in light of previous orders that were to be suspended.
The central legal issues before the court were the allocation of sole parental responsibility, the child's living arrangements, the nature and supervision of the child's time with the mother, and the provision for communication between the child and the mother. The court also considered the role of the Independent Children's Lawyer in relation to future applications concerning the child's care, welfare, and development.
Judge Scarlett ordered that all previous parenting orders be suspended. The respondent father was granted sole parental responsibility for the child, and the child was to live with the father. The mother was to spend time with the child on alternate weekends from Friday 4:00 pm to Monday 10:00 am within the [C] area, under the supervision of the paternal grandmother or another agreed person. The child was also to have telephone communication with the mother each Tuesday and Friday between 6:00 pm and 6:30 pm, with the father facilitating this by ensuring his mobile phone was switched on and charged. The Independent Children's Lawyer was granted liberty to apply on three days' notice regarding matters of the child's care, welfare, and development.
The central legal issues before the court were the allocation of sole parental responsibility, the child's living arrangements, the nature and supervision of the child's time with the mother, and the provision for communication between the child and the mother. The court also considered the role of the Independent Children's Lawyer in relation to future applications concerning the child's care, welfare, and development.
Judge Scarlett ordered that all previous parenting orders be suspended. The respondent father was granted sole parental responsibility for the child, and the child was to live with the father. The mother was to spend time with the child on alternate weekends from Friday 4:00 pm to Monday 10:00 am within the [C] area, under the supervision of the paternal grandmother or another agreed person. The child was also to have telephone communication with the mother each Tuesday and Friday between 6:00 pm and 6:30 pm, with the father facilitating this by ensuring his mobile phone was switched on and charged. The Independent Children's Lawyer was granted liberty to apply on three days' notice regarding matters of the child's care, welfare, and development.
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Areas of Law
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Family Law
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Citations
Lomeli and Viera [2014] FCCA 2470
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