Oliveri and Oliveri (No. 2)

FAMILY COURT OF AUSTRALIA

OLIVERI & OLIVERI (NO. 2) [2020] FamCA 1052

FAMILY LAW – CHILDREN – With whom a child spends time – Orders – Variation – Where the children currently spend limited supervised time with the father – Where the mother seeks that the interim spends time with orders be discharged – Where the mother seeks the children’s time with the father be at a contact centre and pending such arrangement that the time be professionally supervised – Where the mother also seeks that the father undergo a psychological assessment – Where the father opposes the mother’s application – Where the mother considers the father’s time spending with the children has not been properly supervised – Where the mother is concerned with the father’s parenting skills – Where the family report recommends the father’s time with the children be professionally supervised and reduced – Where there are allegations of family violence – Where the court needs to adopt a cautious approach with respect to interim parenting considerations – Best interests of the children – Orders.

Family Law Act 1975 (Cth) ss 60CC, 60CC(2), 60CC(3)

Marvel & Marvel (No. 2) [2010] FamCAFC 101

APPLICANT: Ms Oliveri

RESPONDENT: Mr Oliveri

FILE NUMBER: ADC 2966 of 2018

DATE DELIVERED: 10 December 2020

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 17 November 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Richards

SOLICITOR FOR THE APPLICANT: Resolve Divorce Lawyers

COUNSEL FOR THE RESPONDENT: Mr McGinn

SOLICITOR FOR THE RESPONDENT: Clelands Lawyers Adelaide Pty Ltd

Orders

1. That paragraph 2 of orders made 8 July 2020 is varied as follows:-

   (a)That X and Y both born … 2017 (“the children”) spend time with the father as follows:-

   (i)from 10.00 am until 3.00 pm on Saturday commencing 11 July 2020 and each alternate Saturday thereafter; and

   (ii)from 10.00 am until 3.00 pm on Sunday commencing 19 July 2020 and each alternate Sunday thereafter.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Oliveri & Oliveri has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 2966 of 2018

Ms Oliveri

Applicant

And

Mr Oliveri

Respondent

REASONS FOR JUDGMENT

Introduction  

1. Following a contested hearing on 17 June 2020, reasons for judgment were delivered on 8 July 2020.

2. Orders were made that until further order X and Y both born in 2017 (“the children”) live with the mother and spend time with the father as follows:-

   (a)from 10.00 am until 5.00 pm on Saturday commencing 11…