Pullman and Garafolo

Case

[2020] FamCA 3

9 January 2020


Details
AGLC Case Decision Date
Pullman and Garafolo [2020] FamCA 3 [2020] FamCA 3 9 January 2020

CaseChat Overview and Summary

The case of Pullman and Garafolo concerned parenting orders for a child born in 2014. The dispute involved the father seeking sole parental responsibility and specific living arrangements for the child, while the mother's involvement and access were also key considerations. The matter was heard by McEvoy J.

The court was required to determine the primary caregiver for the child, the extent of each parent's involvement in long-term decision-making, and the specific time the child would spend with each parent. Additionally, the court had to consider injunctions relating to the child's medical treatment and the parents' communication and conduct towards each other in the child's presence. The court also addressed the father's ability to travel overseas with the child and the mother's ongoing treatment for her mental health.

McEvoy J ordered that the father have sole parental responsibility for the child, with specific procedural requirements for the father to consult the mother on long-term decisions. The child was ordered to live with the father, and both parties were directed to enrol the child at a particular primary school. The court also made detailed orders regarding the time the child would spend with the mother, including provisions for holidays and special occasions, and outlined specific suspensions of the mother's time. Injunctions were granted restraining the mother from seeking counselling for the child without the father's consent and restraining both parents from denigrating the other. The mother was ordered to continue her psychiatric treatment and to authorise her psychiatrist to report to the Independent Children's Lawyer. The father was permitted to travel overseas with the child, with make-up time for the mother. The court also included provisions for communication between the parties and for the consequences of contravening the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Remedies

  • Jurisdiction

Actions
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Cases Citing This Decision

1

Pullman & Garafolo [2021] FedCFamC1F 113
Cases Cited

7

Statutory Material Cited

2

Pullman and Garafolo [2019] FamCA 467
Pullman and Garafolo (No 2) [2019] FamCA 643
Taylor & Barker [2007] FamCA 1246