PACETTI & DAMBROSE (No.2)

Case

[2020] FCCA 2184

7 August 2020


Details
AGLC Case Decision Date
Pacetti and Dambrose (No.2) [2020] FCCA 2184 [2020] FCCA 2184 7 August 2020

CaseChat Overview and Summary

In the matter of PACETTI & DAMBROSE (No.2), Judge Newbrun of the Family Court of Australia considered parenting orders concerning a child born in 2016. The dispute involved the arrangements for the child's living situation, time spent with each parent, and various other aspects of their care and upbringing.

The court was required to determine the best interests of the child in relation to establishing equal shared parental responsibility, determining with whom the child would live, and the specific time each parent would spend with the child. Further issues included arrangements for school holidays, special occasions, changeovers, communication between parents, and the prevention of the child's removal from Australia. The court also addressed injunctions to protect the child, restrictions on obtaining foreign travel documents, and orders concerning the parents' conduct and communication in the child's presence.

Judge Newbrun applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the child. The court discharged all previous orders and made new orders establishing equal shared parental responsibility. The child was ordered to live with the Father, with a detailed schedule outlining the child's time with the Mother, progressively increasing over several stages. Specific provisions were made for school holidays, special occasions including Christmas and Easter, and the child's birthday. The court also implemented measures for supervised changeovers for an initial period, restricted communication between parents to text and email, and imposed injunctions preventing the child's removal from Australia and the Mother's attempt to obtain foreign travel documents. Further orders addressed derogatory remarks about parents, parental involvement in school events, information sharing, and mandatory participation in parenting programs and counselling.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

5

Lansa & Clovelly [2010] FamCA 80
U v U [2002] HCA 36