Machaut and Bellini (No 2)

Case

[2016] FamCA 552

22 June 2016


Details
AGLC Case Decision Date
Machaut and Bellini (No 2) [2016] FamCA 552 [2016] FamCA 552 22 June 2016

CaseChat Overview and Summary

In the matter of *Machaut and Bellini (No 2)*, Bennett J of the Federal Circuit Court of Australia made orders concerning the parenting arrangements for a child, B, born in 2010. The dispute involved the parents' arrangements for the child's time with each parent, including during school holidays and school terms, as well as provisions for communication and changeovers.

The court was required to determine the specific times the child would spend with the Mother, including during upcoming school holidays and school terms. Additionally, the court needed to establish the child's attendance at school and the exceptions to that attendance, as well as the method and location for parental changeovers. The court also addressed the arrangements for each parent to communicate with the child via telephone or Skype on alternate days when the child was not in their care.

The court's reasoning and the legal principles applied are reflected in the detailed orders made. These orders established a schedule for the child's time with the Mother during specific holiday periods and term weekends, and stipulated the child's return to school from a particular date with noted exceptions. The orders also specified that changeovers would occur at the child's school or at a designated street address, and that each parent would have a five-minute communication with the child via telephone or Skype at 7:00 pm on alternate days.

The court ordered that the matter be listed for mention on Tuesday, 12 July 2016, following a Family Dispute Resolution Service mediation. In anticipation of a final hearing, parties were directed to file and serve any amended applications, responses, and affidavit material by Friday, 15 July 2016. The court also made interim orders regarding the child's time with the Mother, school attendance, changeovers, and communication.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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