Rocacelli and Seles (No 2)

Case [2019] FamCA 296


FAMILY COURT OF AUSTRALIA

ROCACELLI & SELES (NO. 2) [2019] FamCA 296
FAMILY LAW – CHILDREN – Parenting orders – Where the father’s application for an adjournment to obtain legal representation dismissed – Where the father has exposed the child to family violence – Where the father has a significant criminal history – Where the court satisfied the father poses a risk to the child by continually exposing her to violence – Where the court satisfied the father presents an unacceptable risk of harm to the child face-to-face, unsupervised – Where the child will gain benefits from having a relationship with the father as long as it does not expose her to harm –Where joint decision making not practicable given coercive and controlling family violence – Order that the mother have sole parental responsibility for the child – Order that the child live with the mother – Order for regime of communication between the father and child.
Family Law Act 1975 (Cth) ss 4, 4AB, 60B, 60CA, 60CC, 61DA, 65DAA, 65DAC, 79ZN
Evidence Act 1995 (Cth) ss 140

Romano & Simic [2019] FamCA 105

Bloch v Bloch (1981) 180 CLR 390
Elgin & Elgin [2015] FamCAFC 15

Sali v SPC Ltd (1993) 67 ALJR 841
AON Risk Services Australia Ltd v ANU (2009) 239 CLR 175
Forster & Forster [2014] FamCAFC 88
Banks & Banks [2015] FamCAFC 36
Mauldera & Orbel (2014) FLC 93-602
Wacando v The Commonwealth (1981) 148 CLR 1
S v Australian Crime Commission (2005) 144 FCR 431
Neat Holdings Pty Ltd v Karajan & Holdings Pty Ltd (1992) 67 ALJR 170
N & S & The Separate Representative (1996) FLC 92-655
M v M (1988) 166 CLR 69
K v R (1997) 22 FamLR 592
Re W [2004] FamCA 768
Harridge & Harridge [2010] FamCA 445
Re Andrew (1996) FLC 92-692
Moose & Moose (2008) FLC 93-375
Fitzpatrick & Fitzpatrick (2005) FLC 93-227
Slater & Wright (2013) 48 FamLR 573
Gorman & Huffman [2016] FamCAFC 174

APPLICANT: Mr Rocacelli
RESPONDENT: Ms Seles
INDEPENDENT CHILDREN’S LAWYER: Ms Falcomer
FILE NUMBER: DGC 1007 of 2017
DATE DELIVERED: 10 May 2019
PLACE DELIVERED: Cairns
PLACE HEARD: Cairns
JUDGMENT OF: Tree J
HEARING DATE: 8 and 9 April 2019

REPRESENTATION

THE APPLICANT: In person
THE RESPONDENT: In person

COUNSEL FOR THE INDEPENDENT

CHILDREN'S LAWYER:

Mr Trevino

SOLICITORS FOR THE INDEPENDENT

CHILDREN'S LAWYER:

Spina Kyle Waldon Solicitors

Orders

  1. To the extent that they are inconsistent with these orders, all previous parenting orders made in these proceedings are forthwith discharged (noting that the Airport Watch List order made 9 May 2007 therefore remains in force).

  2. That X born … 2008 (“the child”) live with the mother.

  3. The mother has sole parental responsibility for major decisions relating to the child’s long term care, welfare and development.

  4. The father have supervised communication with the child by electronic means, for one occasion, during each school holiday period, for a minimum of half an hour and a maximum of one hour, such time to be…

Continue reading Rocacelli and Seles (No 2)

Sign in free to access the full text

Details
AGLC
Rocacelli and Seles (No 2) [2019] FamCA 296
Case
[2019] FamCA 296
Decision Date

CaseChat Overview and Summary

In *Rocacelli and Seles (No 2)*, Tree J of the Family Court of Australia considered parenting orders concerning a child born in 2008. The proceedings involved a dispute between the mother and the father regarding the child's living arrangements, parental responsibility, and communication between the child and the father.

The court was required to determine the specific terms of parenting orders, including where the child would live, who would hold parental responsibility for major decisions, and the nature and extent of communication permitted between the father and the child. The court also had to consider the role of the Independent Children's Lawyer and the provision of Family Reports.

Tree J ordered that the child live with the mother and that the mother have sole parental responsibility for major decisions concerning the child's long-term care, welfare, and development. The father was granted supervised electronic communication with the child once per school holiday period, with the mother to nominate the supervisor and bear the expense. The child was permitted to communicate with the father electronically at any time, supervised by the mother or her nominee. The father could send cards and gifts for special occasions and write to the child once a month, while the child could write to the father as often as she wished. The mother was permitted to provide Family Reports to professionals engaged for the child. The Independent Children's Lawyer was discharged, and all other extant applications were dismissed.

Orders

Orders of the court

1.

To the extent that they are inconsistent with these orders, all previous parenting orders made in these proceedings are forthwith discharged (noting that the Airport Watch List order made 9 May 2007 therefore remains in force).

2.

That X born … 2008 (“the child”) live with the mother.

3.

The mother has sole parental responsibility for major decisions relating to the child’s long term care, welfare and development.

4.

The father have supervised communication with the child by electronic means, for one occasion, during each school holiday period, for a minimum of half an hour and a maximum of one hour, such time to be supervised by a Children’s Contact Centre nominated by the mother and at the mother’s expense.

5.

The child be at liberty to communicate with the father by electronic means (for example telephone, Skype or Facetime) at all times as she may choose, for such periods of time as she may choose, with such communication to be supervised by the mother, or such other person and in such a manner that she may nominate.

6.

The father be permitted to send cards and gifts to the child to mark her special occasions including her birthday, Christmas and Easter by sending to a PO Box address nominated by the mother.

7.

The mother will provide her PO Box address for the purpose of order 6 to the Independent Children's Lawyer within 30 days of the date of these orders.

8.

The father be permitted to write to the child not more than once in each month and the child is permitted to write to the father as often as she wishes.

9.

Pursuant to s 121(9) of the Family Law Act 1975, the mother may provide a copy of the Family Reports prepared in this matter to any psychologist or counsellor engaged for, and on behalf of, the child.

10.

For the purpose of these orders, the father will keep the mother informed of his relevant contact details by sending them to the mother’s PO Box address.

11.

The Independent Children's Lawyer is discharged with the thanks of the court, upon the provision of the mother’s PO Box address to the father.

12.

Otherwise all extant applications be dismissed and the matter is removed from the list of active pending cases.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.