Re De Luca

Case

[2009] FamCA 536

2 March 2009


Details
AGLC Case Decision Date
Re De Luca [2009] FamCA 536 [2009] FamCA 536 2 March 2009

CaseChat Overview and Summary

In *Re De Luca*, the applicant paternal grandparents sought orders concerning the parenting of the children S and D. The proceedings involved the paternal grandparents and the children's maternal family.

The court was required to determine the most appropriate parenting arrangements for the children, considering the welfare and best interests of S and D. This included deciding issues of parental responsibility and the children's living arrangements, as well as the level of supervision and assistance required to facilitate compliance with any parenting orders and interactions with the extended maternal family.

Bennett J made orders for equal shared parental responsibility between the applicant paternal grandparents and for the children to live with them. The court also ordered that a family consultant would supervise compliance with the parenting order for a period of two years, providing assistance to the paternal grandparents in their discussions with the children's maternal family and in carrying out the order. The family consultant's role was to be reportable only under specific circumstances, such as a further application being filed, the court directing a report, or the consultant deeming it necessary. The court also ordered the transcription of the family consultant's evidence and the reasons for judgment, and directed service of the order on various members of the maternal family. All outstanding applications were dismissed, and the proceedings were removed from the active list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Expert Evidence

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