Pergolese and Benvenuto (No 2)

Case

[2016] FamCA 969

15 November 2016


Details
AGLC Case Decision Date
Pergolese and Benvenuto (No 2) [2016] FamCA 969 [2016] FamCA 969 15 November 2016

CaseChat Overview and Summary

In *Pergolese and Benvenuto (No 2)*, Berman J of the Family Court of Australia made orders concerning the living arrangements and time spent with a child, B, born in 2012. The dispute centred on the parental responsibilities and the child's welfare following separation.

The court was required to determine the primary residence of the child and the specific arrangements for the child to spend time with each parent. Additionally, the court addressed practical matters related to the child's care, including handover protocols, communication between parents regarding the child's well-being and contact details, and the enrolment of the child in educational and psychological services.

Berman J ordered that the child live with the father. The mother was granted specific periods of time with the child, commencing from late November 2016, with detailed provisions for weekdays and weekends, including alternate weeks. The court also made orders for the child to spend time with the mother on Christmas Day and Boxing Day in 2016. To facilitate these arrangements, handover was to occur at a designated location unless at the child's pre-school. The orders also mandated that parents inform each other of address and telephone number changes within seven days, and immediately notify of any medical emergencies, with liberty to attend medical facilities. Furthermore, the parties were directed to take necessary steps to enrol the child in pre-school and two specific schools, and the mother was permitted to release certain medical reports and the judgment reasons to a named psychologist.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Pergolese and Benvenuto [2016] FamCA 845