FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Paolo & Malena [2022] FedCFamC2F 81
File number(s): CAC 432 of 2018 Judgment of: JUDGE W J NEVILLE Date of judgment: 3 February 2022 Catchwords: FAMILY LAW – Final Hearing – parenting – serious allegations of family violence against the Father by the Mother – where Mother contends that the Father is a risk to herself and the children – Father has at all times denied allegations – allegations of risk and family violence unsubstantiated – Court unable to make findings whether allegations occurred – where independent experts suggest that the Mother is either disingenuous and or delusional – whether children should continue in a shared care arrangement or live primarily with Father – where there is a greater risk of psychological harm posed by the Mother, favouring an increase in the Father’s parenting role as a protective measure for the children – Orders made for sole parental responsibility and that the children live with the Father and spend substantial time with the Mother. Legislation: Evidence Act 1995 (Cth), s.140
Family Law Act 1975 (Cth), Part VII, ss.60CC, 61DA, 65DAACases cited: A v A (1998) FLC 92-800
Amador v Amador (2010) 43 Fam LR 268
AMS v AIF (1999) 199 CLR 160
Collu & Rinaldo [2010] FamCAFC 53
Fox v Percy (2003) 214 CLR 118
Godfrey v Sanders (2007) 208 FLR 287; [2007] FamCA 102
Goode v Goode (2006) 206 FLR 212; (2007) 36 Fam LR 422
Johnson & Page (2007) FLC 93-344
Lee v Lee (2019) 266 CLR 129
M v M (1988) 166 CLR 69
M v S (2008) 37 Fam LR 32
Mazorski v Albright (2007) 37 Fam LR 518
McCall v Clark (2009) 41 Fam LR 483
Moose & Moose (2008) FLC 93-375
Sigley v Evor (2011) 44 Fam LR 439
Simmons & Kingley (2014) FLC 93-581
Vontek v Vontek [2017] FamCAFC 28Division Division 2 Family Law Number of paragraphs: 110 Date of last submission/s: 16 June 2021 Date of hearing: 22 & 23 April 2021 Place: Canberra Solicitor for the Applicant: Neilan Stramandinoli Family Law Counsel for the Applicant: Dr J Behrens Solicitor for the Respondent: Jeanine Lloyd & Associates Counsel for the Respondent: Dr S Leslie Solicitor for the Independent Children's Lawyer: Legal Aid ACT ORDERS
CAC 432 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR PAOLO
ApplicantAND: MS MALENA
RespondentLEGAL AID ACT
Independent Children’s Lawyer
ORDER MADE BY:
JUDGE W J NEVILLE
DATE OF ORDER:
3 FEBRUARY 2022
THE COURT ORDERS THAT:
1.The Applicant Father has sole parental responsibility for the children:
a.X born in 2012; and
b.Y born in 2015.
2.Notwithstanding Order 1, the Applicant Father will notify the Respondent Mother of any major long-term decisions which he is proposing to make for the children or either of them with as much notice as practicable, will invite and consider any response received from her in a timely fashion,…
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