Pedota & Bellans (No 2)

Case

[2021] FCCA 607

25 February 2021


Details
AGLC Case Decision Date
Pedota and Bellans (No 2) [2021] FCCA 607 [2021] FCCA 607 25 February 2021

CaseChat Overview and Summary

In the matter of *Pedota & Bellans (No 2)*, heard before Judge B Smith, the dispute concerned orders relating to a child, X, born in 2010. Mr Pedota was the applicant and Ms Bellans was the respondent.

The court was required to determine several issues, including the schooling arrangements for the child X, and to make orders regarding the child's attendance at a specific educational institution. Furthermore, the court needed to address the circumstances under which the child might be sent to additional treating practitioners, and the role of an Independent Children's Lawyer (ICL) in relation to any such arrangements or future court applications.

Judge B Smith ordered that, from 1 March 2021, the child X was to attend E School. The court also made orders restricting the parties from sending X or another child, Y, to any additional treating practitioner without the written consent of the other party and the ICL, or a court order. The ICL was granted leave to approach the court to relist the matter on short notice concerning any issues. The court noted that no orders were currently sought regarding the children's treating practitioners, but indicated it would entertain such applications in due course. The court also made a note regarding the facilitation of communication between the Principal and Dr C, pursuant to prior orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Injunction

  • Consent

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