TARELLI & LANGLEY AND ANOR

[2018] FamCA 522

FAMILY COURT OF AUSTRALIA

TARELLI & LANGLEY AND ANOR [2018] FamCA 522

FAMILY LAW – CHILD ABUSE – Welfare of child – Where the Single Expert identified serious risks to the development of the child due to the mother’s personality and mental health difficulties – Where the mother is capable of meeting the child’s basic, intellectual and developmental needs but there is instability in her capacity to meet the child’s emotional needs – Where the father has personality dysfunction but is open to learning and wanting the child to have the best of his mother – Where the Single Expert attributed the child’s behaviour to an emotionally and behaviourally dysregulated environment during his infancy – Concluded there is a need to protect the child from physical or psychological harm.
FAMILY LAW – CHILDREN – Parental Responsibility – Where FACS intervened – Where the mother became increasingly unwilling to cooperate with FACS making that relationship unworkable for the benefit of the child – Ordered the father and the Minister shall share parental responsibility for the child for 12 months, then for a further 12 months the Minister and the father shall share parental responsibility only for time and communication between the mother and child and thereafter the father shall have sole parental responsibility.
FAMILY LAW – CHILDREN – With whom a child lives – Where approximately 6 weeks prior to final hearing FACS removed the child from the mother’s care placing him in the care of the father – Where the child is happy and settled in the care of the father and his partner – Where the mother chose not to read the report of the Single expert thus depriving herself of a pathway to the child remaining in her care – Concluded the mother lost the ability to put the needs of the child before her own – Ordered the child shall live with the father.
FAMILY LAW – CHILDREN – With whom a child spends time – Where the Single Expert states that unsupervised time between the mother and the child would be harmful – Ordered the child shall spend time with the mother for a period of 12 months as agreed between the Minister’s delegated officers and the father in consultation with the mother and thereafter on no less than one occasion per month for up to four hours supervised by a supervision service.
FAMILY LAW – CHILDREN – Family Violence – Where if the mother had been sexually assaulted by the father as alleged the Court cannot accept she would have travelled overseas with him, stayed in his family home overseas or considered reconciliation – Concluded the evidence does not support the mother’s allegations against the father of alleged criminal conduct and sexual assaults on her amounting to rape.
FAMILY LAW – PROPERTY SETTLEMENT – Just and equitable – Where the mother was in a vastly superior financial position to the father and made the overwhelming financial contribution to matrimonial assets – Where the principle asset…