Luccio and Santos Da Assuncao

Case

[2012] FamCA 254

13 April 2012


Details
AGLC Case Decision Date
Luccio and Santos Da Assuncao [2012] FamCA 254 [2012] FamCA 254 13 April 2012

CaseChat Overview and Summary

In the matter of *Luccio and Santos Da Assuncao*, Kent J of the Federal Circuit and Family Court of Australia made orders concerning the children of the relationship between the applicant father, Mr Luccio, and the respondent mother, Ms Santos da Assuncao. The dispute involved the parental responsibility for the children, their living arrangements, and the father's contact with them, as well as the mother's ability to relocate the children internationally.

The court was required to determine the extent of parental responsibility for major long-term issues concerning the children, including their education, religious and cultural upbringing, health, names, and significant changes to living arrangements. Additionally, the court had to consider the appropriate arrangements for the children's time with and communication with the father, and whether injunctive relief was necessary to protect the mother and children. The court also had to address the mother's liberty to relocate the children outside of Australia and the father's ability to lodge travel alerts.

Kent J ordered that the mother have sole parental responsibility for major long-term issues concerning the children. The children were ordered to live with the mother and spend no time with, nor communicate with, the father. The father was restrained by injunction from having any contact, directly or indirectly, with the mother or the children, and from approaching them or attending places where they live, work, or attend. The mother was granted liberty to relocate the children outside of Australia, specifically to Brazil. The court also made orders regarding passports and the father's ability to lodge travel alerts, appointing the Registrar to execute necessary documents in the event of a party's default. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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