Rocacelli and Seles (No 2)
Case
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[2019] FamCA 296
•10 May 2019
Details
AGLC
Case
Decision Date
Rocacelli and Seles (No 2) [2019] FamCA 296
[2019] FamCA 296
10 May 2019
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Costs
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Procedural Fairness
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Jurisdiction
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Cases Citing This Decision
0
Cases Cited
14
Statutory Material Cited
2
Rocacelli & Seles
[2019] FamCA 105
Elgin & Elgin
[2015] FamCAFC 155
Forster & Forster
[2014] FamCAFC 88