SCUDERI & SCUDERI

Case

[2015] FamCA 656

11 August 2015


Details
AGLC Case Decision Date
SCUDERI & SCUDERI [2015] FamCA 656 [2015] FamCA 656 11 August 2015

CaseChat Overview and Summary

This matter concerned property settlement and parenting orders between the parties, Mr. and Mrs. Scuderi, made by Berman J. The dispute involved the division of property and the arrangements for the parties' three children, A, T, and M.

The court was required to determine the terms of a full and final settlement of property claims under Part VIII of the *Family Law Act 1975* (Cth), and to make orders regarding the children's living arrangements, parental responsibility, and communication between the parents and the children. Specific issues included the allocation of various assets and debts, the establishment of equal shared parental responsibility, and the detailed schedule for the children's time with each parent, including provisions for supervised contact and telephone communication. The court also needed to address the preparation of a family report, the children's schooling, medical care, and participation in specific programs.

Berman J made orders for the parties to retain specific assets and be responsible for their own debts, thereby settling all property claims. Regarding the children, the court ordered equal shared parental responsibility, with the children to live with the mother. A detailed schedule was established for the children's time with the father, commencing with supervised contact and progressing to unsupervised time, including specific provisions for communication and handover arrangements. The court also ordered the parties to attend a family report, imposed restrictions on changing the children's school, and mandated the mother to facilitate communication between the father and the children's educational and medical providers. The mother was also ordered to ensure the children attend a specific program and to provide the father with a completion certificate.

The proceedings were listed for mention on 20 April 2016.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

11

Sexton & Sexton [2012] FamCAFC 218
Haydon & Bennett and Anor [2012] FamCAFC 89
Mickelberg v The Queen [1989] HCA 35