Vinkov and Mertiglio

Case

[2009] FamCA 778

21 August 2009


Details
AGLC Case Decision Date
Vinkov and Mertiglio [2009] FamCA 778 [2009] FamCA 778 21 August 2009

CaseChat Overview and Summary

In *Vinkov and Mertiglio*, heard by Rose J, the dispute concerned parenting orders relating to the care of a child. The orders addressed the mother's periods of time with the child, specifying the method of handover via the maternal grandparents and requiring supervision of these periods by either or both grandparents. The orders also stipulated communication protocols between the father and child, and between the parents and the child, including restrictions on direct communication from the father to the child and requirements for the child to initiate contact with the father.

The court was required to determine the specific terms of parenting orders, including the nature and supervision of the mother's time with the child, and to establish communication arrangements between the parents and the child. Further, the court needed to address the conduct of the parents towards each other and in the presence of the child, and to make directions for the preparation of a family report and the attendance of relevant parties at interviews with the family consultant.

Rose J made detailed orders concerning the mother's time with the child, including supervision by maternal grandparents and specific handover arrangements. The court imposed a restraint on the father initiating communication with the child while the child was in the mother's or grandparents' care, while requiring the child to initiate a daily telephone call to the father. Both parents were restrained from making derogatory comments about each other or their relatives and friends in the child's presence. Directions were given for an expeditious family report and for all parties, including the child and maternal grandparents, to attend interviews with the family consultant. Liberty to apply was granted on seven days' written notice.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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