Sperry and Ennos

Case

[2018] FCCA 2109

7 August 2018


Details
AGLC Case Decision Date
Sperry and Ennos [2018] FCCA 2109 [2018] FCCA 2109 7 August 2018

CaseChat Overview and Summary

In the matter of *Sperry and Ennos*, heard by Judge Altobelli, the proceedings concerned the welfare and living arrangements of a child, [X], born in 2013. The dispute involved the parents, identified as the Father and the Mother (Ms Ennos), and the Independent Children's Lawyer. The case was ultimately transferred to the Federal Circuit Court, Parramatta Registry, for further directions.

The court was required to determine several critical issues relating to the child's safety and well-being, including the child's primary residence, the extent of contact between the child and the Father, and the necessity of protective orders for the Mother. Additionally, the court needed to consider the Father's engagement with counselling programs for perpetrators of domestic violence and his compliance with drug screening protocols. The court also had to address the Mother's engagement with family support services and counselling, and the potential appointment of an expert to assist in the proceedings.

Judge Altobelli made orders pending further determination, stipulating that the child would live with the Mother and have no contact or communication with the Father until an expert report was released. The Father was ordered to enrol in and complete a counselling program for perpetrators of domestic violence and was restrained from contacting or approaching the Mother, or attending at the child's school. The Mother was directed to enrol the child in pre-school and to engage with family support services and counselling. The Father was also ordered to undertake drug screening upon request from the Independent Children's Lawyer. Liberty was granted for the parties to appoint an expert, with a mechanism for the court to appoint one if they could not agree.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Jurisdiction

  • Remedies

  • Expert Evidence

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346
Salah & Salah [2016] FamCAFC 100