Oscini and Campotelli

Case

[2016] FamCA 832

30 September 2016


Details
AGLC Case Decision Date
Oscini and Campotelli [2016] FamCA 832 [2016] FamCA 832 30 September 2016

CaseChat Overview and Summary

This matter concerned an application by the father, Mr Oscini, and the mother, Ms Campotelli, regarding the living arrangements and time spent with their two children, B and C. The proceedings were heard by Rees J in the Family Court of Australia.

The court was required to determine the specific orders concerning the children's residence, the father's time with the children, the supervision of that time, and related matters including communication between the parents, drug testing of the father, and the costs associated with these arrangements. The court also considered provisions for the children's welfare, including notification of significant health events and the prevention of denigration between the parents.

Rees J made orders that the children live with the mother. The father was granted supervised time with the children on two occasions each week, with the supervision to be provided by D Centre. The father's time was to be supervised at the D Centre, though flexibility was permitted subject to the supervisor's agreement. Specific provisions were made for time on Christmas Eve, Father's Day, and the children's birthdays, with these occasions to occur in lieu of a regular weekly visit. The father was also permitted to allow the paternal grandparents to attend supervised visits, subject to the supervisor's consent. The court also ordered that the father submit to urinalysis upon request by the mother's solicitor, with the costs of these tests to be initially borne by the father and reimbursed from the parties' joint offset account. Further orders addressed the notification of significant health events concerning the children, the exchange of contact details, and a restraint on both parents from denigrating each other in the presence or hearing of the children. The orders incorporated a Fact Sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0