PAVONE & MCNEILL
Case
•
[2018] FCCA 2849
•12 October 2018
Details
AGLC
Case
Decision Date
PAVONE & MCNEILL [2018] FCCA 2849
[2018] FCCA 2849
12 October 2018
CaseChat Overview and Summary
The parties, Pavone and McNeill, were before the court concerning interim parenting orders. The dispute involved an assessment of risk, leading to the making of an order under section 91B of the *Family Law Act 1975* (Cth), which necessitated the transfer of the proceedings to the Family Court of Australia.
The primary legal issue before the court was to determine whether the circumstances warranted the making of an order under section 91B of the *Family Law Act 1975* (Cth). This section allows for the transfer of proceedings to the Family Court where it is satisfied that it is in the best interests of the child to do so, often in situations involving allegations of risk.
Altobelli J considered the evidence presented regarding the safety and welfare of the child. The court applied the principles enshrined in section 91B, focusing on the paramountcy of the child's best interests and the need to address any identified risks. Having been satisfied that the criteria under section 91B were met, the court proceeded to make the necessary order for the transfer of the proceedings.
The primary legal issue before the court was to determine whether the circumstances warranted the making of an order under section 91B of the *Family Law Act 1975* (Cth). This section allows for the transfer of proceedings to the Family Court where it is satisfied that it is in the best interests of the child to do so, often in situations involving allegations of risk.
Altobelli J considered the evidence presented regarding the safety and welfare of the child. The court applied the principles enshrined in section 91B, focusing on the paramountcy of the child's best interests and the need to address any identified risks. Having been satisfied that the criteria under section 91B were met, the court proceeded to make the necessary order for the transfer of the proceedings.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
PAVONE & MCNEILL [2018] FCCA 2849
Cases Citing This Decision
0