Manfredi & Anor and Valenti & Anor

Case

[2020] FamCA 778

16 September 2020


Details
AGLC Case Decision Date
Manfredi & Anor and Valenti & Anor [2020] FamCA 778 [2020] FamCA 778 16 September 2020

CaseChat Overview and Summary

In the matter of *Manfredi & Anor and Valenti & Anor*, heard in the County Court of Victoria, the applicants, Mr Manfredi and Ms Belfi, sought leave to commence adoption proceedings and final parenting orders for the child X. The respondents, Ms Valenti and Mr Falco, are the biological parents of X.

The court was required to determine whether the applicants required leave under the *Family Law Act 1975* (Cth) to commence adoption proceedings, and to make final parenting orders concerning the child X. The applicants also sought orders relating to the child's surname, travel, and the provision of information to various institutions.

Macmillan J found that the applicants were not defined as prescribed adoptive parents under the *Family Law Act 1975*, and therefore did not require leave to commence adoption proceedings. The court also noted that the respondents did not oppose the making of final parenting orders in favour of the applicants. Consequently, the court made final parenting orders granting the applicants sole parental responsibility for X, ordering that X live with the applicants, and that X spend time with and communicate with the respondents as agreed in writing. The court further made extensive orders permitting the applicants to manage X's education, medical care, travel, and to change X's surname to Manfredi, and to obtain an Australian passport for X. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Consent

  • Remedies

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