PENUZZIO & CHENI

[2015] FamCA 503

FAMILY COURT OF AUSTRALIA

PENUZZIO & CHENI [2015] FamCA 503

FAMILY LAW – CHILDREN – Where the parties have reached consent in relation to final parenting orders  - Where the Court is satisfied that the orders meet the children’s best interests

Family Law Act 1975 (Cth)

APPLICANT: Mr Penuzzio

RESPONDENT: Mr Cheni

INDEPENDENT CHILDREN’S LAWYER: Sarah Cleeland

FILE NUMBER: BRC 6761 of 2009

DATE DELIVERED: 29 June 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: 29 June 2015

REPRESENTATION

THE APPLICANT: In Person (by telephone)

THE RESPONDENT: In Person

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Carlton of Counsel

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Sarah Cleeland Family Lawyers

Orders

IT IS ORDERED BY CONSENT

1. That all previous parenting orders are discharged.

2. That the children, B born … 2002 and C born … 2003, (“the children”) live with the mother.

3. That the mother has sole parental responsibility for the children.

4. That the children are at liberty to telephone the father on his mobile telephone number … or his home telephone number … and to give effect to this order:

   (a)the father shall inform the mother within 48 hours in the event that his contact telephone numbers change, and for this purpose he shall communicate with the mother, if necessary, via email at the email address…;

   (b)the mother shall inform the children of this order and shall ensure that the children are aware that they can telephone their father and that they are given access to a telephone and access to the father’s telephone numbers for the purpose of making such call.

5. That the father is at liberty to send the children gifts and cards on special occasions, Christmas and birthdays etc, and for that purpose the mother shall keep the father informed of an address (not necessarily the mother’s residential address) that the father can send the gifts/cards to and the mother shall ensure that the gifts/cards are passed onto the children.

6. That the mother is at liberty to travel overseas at any time with the children to any country which is a signatory to the Convention on the Civil Aspects of International Child Abduction, known as the Hague Convention, and to give effect to this order:

   (a)the Court requests that the Australian Federal Police remove the names of the children, B born … 2002 (male) and C born … 2003 (female), from the Family Law Watchlist at all points of international arrivals and departures in Australia;

   (b)the mother does not require the father’s consent prior to travelling overseas with the children, save that the mother shall notify he father prior to her travel with the children of the period the children will be overseas and specifically inform the father of the date of departure from Australia, the due date for arrival into the country of destination, the due date for departure from the country of destination, the due date for arrival in Australia on return and the destination the children will be travelling to, such that the father is aware of what country/city/province the children will be travelling to and staying in whilst away from Australia, such communication with the father to be via email to his email address ...

7. That the Independent Children's Lawyer is discharged after she has communicated the nature of these orders to the children, as agreed with the mother.

8. That pursuant to s 65DA(2) and 62B of the Family Law Act 1975 (as amended), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties to adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these Orders.

NOTATION

(A)It is acknowledged by the mother and the father that the children have expressed a desire to have a relationship with and spend time with the paternal grandmother.  The paternal grandmother is not a party to these current proceedings.  The mother will use her best endeavours to respect the children’s wishes and, where possible, arrange and facilitate the children spending time with and communicating with the paternal grandmother.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Penuzzio & Cheni has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 6761 of 2009

Mr Penuzzio

Applicant

And

Mr Cheni

Respondent

And

Independent Children's Lawyer

EX TEMPORE

REASONS FOR JUDGMENT

1. In all the circumstances, knowing what I know about this case, having read Mr D’s reports and Dr E’s reports, having heard from counsel for the ICL that Mr D is aware of the nature of the orders that the parties have all agreed that I should make, and hearing from the parents that they agree these Orders should be made, I am satisfied these orders reflect what is in the best interests of the two subject children.

2. In these circumstances, I am quite satisfied that these Orders can be made in the terms that I have read out this morning and I so make them.

I certify that the preceding two (2) paragraphs is a true copy of the reasons for judgment of the Honourable Justice Forrest delivered on 29 June 2015.

Associate: 

Date:  1 July 2015