Messner and Anor and Tosto and Anor
Case
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[2018] FCCA 827
•12 April 2018
Details
AGLC
Case
Decision Date
Messner and Anor and Tosto and Anor [2018] FCCA 827
[2018] FCCA 827
12 April 2018
CaseChat Overview and Summary
In the matter of *Messner and Anor and Tosto and Anor*, heard by Judge O'Sullivan, the dispute concerned parenting orders for three children. The court was required to determine the living arrangements for the children and the nature and extent of their communication with their maternal grandparents.
The court's reasoning led to the discharge of all previous parenting orders. It ordered that the children live with their parents. Furthermore, the court made specific orders regarding communication between two of the children, [Y] and [Z], and their maternal grandparents, allowing for communication via letters, cards, and gifts up to four times per calendar year per child. The parents were directed to facilitate this communication and keep the grandparents informed of their address. The Independent Children’s Lawyer was also directed to meet with the children to explain the grandparents' continued love and care, and the possibility of future correspondence.
By consent, the parties were also ordered to refrain from using corporal punishment. Upon the Independent Children’s Lawyer complying with their obligations, their appointment was to be discharged, and all other extant applications were dismissed.
The court's reasoning led to the discharge of all previous parenting orders. It ordered that the children live with their parents. Furthermore, the court made specific orders regarding communication between two of the children, [Y] and [Z], and their maternal grandparents, allowing for communication via letters, cards, and gifts up to four times per calendar year per child. The parents were directed to facilitate this communication and keep the grandparents informed of their address. The Independent Children’s Lawyer was also directed to meet with the children to explain the grandparents' continued love and care, and the possibility of future correspondence.
By consent, the parties were also ordered to refrain from using corporal punishment. Upon the Independent Children’s Lawyer complying with their obligations, their appointment was to be discharged, and all other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
18
Statutory Material Cited
3
Re F: Litigants in person guidelines
[2001] FamCA 348
Friscioni & Friscioni
[2010] FamCAFC 108
D & P
[2006] FamCA 170