TERZI & BOURKE
Case
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[2018] FamCA 526
•14 May 2018
Details
AGLC
Case
Decision Date
TERZI & BOURKE [2018] FamCA 526
[2018] FamCA 526
14 May 2018
CaseChat Overview and Summary
In the matter of *Terzi & Bourke*, Benjamin J of the Federal Circuit and Family Court of Australia considered parenting orders concerning a child born in 2010. The dispute involved the father, Mr Terzi, and the mother, Ms Bourke, and concerned the arrangements for the child's care and contact.
The court was required to determine the most appropriate parenting orders for the child, considering the circumstances presented by the parties. This involved assessing the welfare and best interests of the child in light of the evidence and submissions.
Benjamin J ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the child, and the child was ordered to live with the father. Specific conditions were imposed on both parents, including prohibitions against being affected by alcohol while the child is in their care, and against intentionally bringing the child into contact with individuals under the influence of illicit drugs or excessive alcohol. The court also ordered that neither parent denigrate the other or their family members in the child's presence. The child was to spend time with the mother only as agreed in writing by the father or as subsequently ordered by a court. If the child spent time with the mother, she was to ensure the child was not left in the unsupervised care of her partner, Mr F. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). All outstanding applications were dismissed.
The court was required to determine the most appropriate parenting orders for the child, considering the circumstances presented by the parties. This involved assessing the welfare and best interests of the child in light of the evidence and submissions.
Benjamin J ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the child, and the child was ordered to live with the father. Specific conditions were imposed on both parents, including prohibitions against being affected by alcohol while the child is in their care, and against intentionally bringing the child into contact with individuals under the influence of illicit drugs or excessive alcohol. The court also ordered that neither parent denigrate the other or their family members in the child's presence. The child was to spend time with the mother only as agreed in writing by the father or as subsequently ordered by a court. If the child spent time with the mother, she was to ensure the child was not left in the unsupervised care of her partner, Mr F. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). All outstanding applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
TERZI & BOURKE [2018] FamCA 526
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