Ortega and Leone

Case

[2017] FCCA 3115

14 December 2017


Details
AGLC Case Decision Date
Ortega and Leone [2017] FCCA 3115 [2017] FCCA 3115 14 December 2017

CaseChat Overview and Summary

In the matter of Ortega and Leone, heard by Judge Middleton, the dispute concerned parenting orders for a child born in 2011. The orders addressed the child's living arrangements, parental responsibility, and time spent with each parent.

The court was required to determine the specific arrangements for the child's residence, the allocation of parental responsibility, and the detailed schedule for the child's time with each parent. This included defining the extent of each parent's decision-making authority, particularly concerning significant matters such as education, medical treatment, and relocation. The court also needed to establish communication protocols between the parents and outline provisions for the child's welfare and development during each parent's care.

The court ordered that the child live with the father and that the father have sole parental responsibility. However, the father was directed to inform the mother in writing at least 28 days before making decisions about the child's school, religious instruction, non-emergency surgery, or relocation exceeding 20km. The mother was given 10 days to respond with her views, which the father was required to consider before making a final decision. The orders also stipulated detailed arrangements for the child's time with the mother, including alternate weekends, mid-week contact, school holidays, Christmas, and Easter, with specific provisions for changeovers and communication. Both parents were also ordered to facilitate communication with the child and to keep each other informed of medical and educational matters, with restrictions on criticising the other parent or consuming illicit substances or excessive alcohol while the child is in their care.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Starr & Duggan [2009] FamCAFC 115
U v U [2002] HCA 36