Materanzi and Suskain (No 4)

Case

[2011] FamCA 337

14 April 2011


Details
AGLC Case Decision Date
Materanzi and Suskain (No 4) [2011] FamCA 337 [2011] FamCA 337 14 April 2011

CaseChat Overview and Summary

In the matter of *Materanzi and Suskain (No 4)*, Stevenson J of the Family Court of Australia considered parenting orders concerning a child, H, born in April 2004. The dispute involved the arrangements for H's living arrangements, time spent with each parent, and parental responsibility.

The court was required to determine the primary issues of with whom H would live and spend time, and how parental responsibility would be shared. This included deciding on the specifics of the time H would spend with each parent, particularly during school terms, holidays, and on special occasions, as well as addressing decision-making authority regarding H's education and medical treatment.

Stevenson J ordered the discharge of all previous parenting orders. The court established equal shared parental responsibility for H, with the father having sole decision-making authority for education and medical treatment in the absence of parental agreement. H was ordered to live with the father, with specific provisions for H to spend time with the mother during school terms, school holidays, and on H's birthday and Mother's Day. The orders also included injunctions restraining the parents from denigrating each other or discussing court proceedings in H's presence, and stipulated that H would be known by a combined surname. Further orders addressed communication, travel, and the father's attendance at professional assistance for H.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

MATERANZI & SUSKAIN [2014] FamCA 454
Cases Cited

4

Statutory Material Cited

0

Dennison & Wang [2010] FamCAFC 182
Sayer v Radcliffe [2012] FamCAFC 209
Briginshaw v Briginshaw [1938] HCA 34