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Iannello & Iannello (No.2) [2018] FCCA 3662 (12 December 2018).

This case involved an uncooperative husband, some might describe him as a narcissist with his controlling behavior. Here the Court was asked to consider interim orders regarding whether the mother should have sole parental responsibility with regards to one child attending counselling,  there were existing orders in place for the child to attend counselling and there is evidence that the father has inhibited this process.

Secondly the court was asked to consider whether the parties should be restrained from communicating with the children when they are living with the other parent as there was evidence that excessive communication is occurring.

Finally regarding interim orders, there were orders in place for the sale of the former matrimonial home and there was evidence that the husband was being obstructive, delayed and has been uncooperative with regards to the sale, the Court considered s.106A orders. 

HELD.

Parenting
The Wife have sole parental responsibility for the child in relation to attendance upon a counsellor in accordance with the interim consent orders made by Judge C E Kirton QC on 26 October 2018.

Communication
Pursuant to s.68B(1) of the Family Law Act 1975 (Cth), the Husband and the Wife be and are hereby restrained by injunction from initiating communication to, or accepting communication from, the Children while the Children are not living with them and the Independent Children’s Lawyer forthwith meet with the Children to explain this order to them.

Property

Pursuant to s.106A(1) of the Family Law Act 1975 (Cth) a Registrar of the Federal Circuit Court of Australia at Melbourne be forthwith appointed to:

(a) Execute all deeds or instruments in the name of the Husband necessary to give effect to the sale of the former matrimonial home situate and known as Property A in the State of Victoria being more particularly described in Certificate of Title, pursuant to the interim consent orders made by Judge C E Kirton QC on 26 October 2018; and

(b) Do all acts and things necessary to give validity and operation to any such deed or instrument.

Other

Within 24 hours of the making of this order the Husband do all acts and things and sign all documents necessary to transfer the Wife’s mobile phone number to her control, at her expense if any.


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