PARISI & ZEIN

Case

[2020] FamCA 587

22 July 2020


Details
AGLC Case Decision Date
PARISI & ZEIN [2020] FamCA 587 [2020] FamCA 587 22 July 2020

CaseChat Overview and Summary

In the matter of *Parisi & Zein*, heard by Wilson J, the dispute concerned proposed interim parenting orders. The Independent Children's Lawyer (ICL) recommended separating two children, aged 13 and 11, a proposal opposed by the mother. The father supported the separation of the siblings, despite living an hour away and not actively participating in the children's care, leaving the mother to bear the full burden. The court also noted issues with the eldest child's behaviour and problematic changeovers, exacerbated by the COVID-19 pandemic.

The central legal issues before the court were whether to make interim orders separating the siblings, and whether the case warranted an urgent trial, particularly given allegations of family violence and the presence of untested evidence. The court was required to consider the best interests of the children in the context of these competing proposals and allegations.

Wilson J reasoned that the case cried out for an urgent trial to resolve the contested issues. The court acknowledged the need to address the untested evidence and family violence allegations promptly. Consequently, the court ordered an urgent trial to be heard on 7, 8, and 9 December 2020 before Justice Hartnett. The court also stipulated that the requirements of s 102NA(2) of the *Family Law Act* would apply to any cross-examination during the trial. The Independent Children's Lawyer was directed to email completed trial directions to chambers by 2pm on 24 July 2020, with general liberty to apply reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Appeal

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

SS & AH [2010] FamCAFC 13
Deiter & Deiter [2011] FamCAFC 82
Eaby & Speelman [2015] FamCAFC 104