Archibald & Kayser
Case
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[2021] FCCA 982
•26 March 2021
Details
AGLC
Case
Decision Date
Archibald & Kayser [2021] FCCA 982
[2021] FCCA 982
26 March 2021
CaseChat Overview and Summary
This matter concerned an application by Mr Archibald (the applicant) against Ms Kayser (the respondent) regarding parenting arrangements for their child. The orders were made by Young J on 26 March 2021.
The court was required to determine interim parenting orders, including where the child would live, the time the child would spend with each parent, and arrangements for communication and contact with other family members. The court also made directions concerning the preparation of a private family report, the enrolment of parties in a post-separation parenting course, and the exchange of financial information and discovery of documents. Further directions were made regarding the listing of a conciliation conference and the trial of the matter, including the filing of affidavits, case outlines, and the payment of court fees.
The court ordered that the child live with the mother in the Australian Capital Territory. Specific arrangements were made for the child to spend time with the father, including in Darwin during school holidays and when the father was in Canberra, with supervision by an agreed third party or the paternal grandmother. The mother was directed to facilitate phone calls between the father and child and to make the child available for time with the paternal grandmother. The mother was also to facilitate regular time between the child and his sibling. The parties were ordered to attend a conciliation conference and to provide mutual informal discovery of documents and prepare a draft joint statement of assets and liabilities. The matter was listed for trial on 1, 2, and 3 September 2021, with detailed directions for the filing of evidence and case outlines. The court also noted provisions regarding family violence and the cross-examination of parties under section 102NA of the *Family Law Act 1975*.
The court was required to determine interim parenting orders, including where the child would live, the time the child would spend with each parent, and arrangements for communication and contact with other family members. The court also made directions concerning the preparation of a private family report, the enrolment of parties in a post-separation parenting course, and the exchange of financial information and discovery of documents. Further directions were made regarding the listing of a conciliation conference and the trial of the matter, including the filing of affidavits, case outlines, and the payment of court fees.
The court ordered that the child live with the mother in the Australian Capital Territory. Specific arrangements were made for the child to spend time with the father, including in Darwin during school holidays and when the father was in Canberra, with supervision by an agreed third party or the paternal grandmother. The mother was directed to facilitate phone calls between the father and child and to make the child available for time with the paternal grandmother. The mother was also to facilitate regular time between the child and his sibling. The parties were ordered to attend a conciliation conference and to provide mutual informal discovery of documents and prepare a draft joint statement of assets and liabilities. The matter was listed for trial on 1, 2, and 3 September 2021, with detailed directions for the filing of evidence and case outlines. The court also noted provisions regarding family violence and the cross-examination of parties under section 102NA of the *Family Law Act 1975*.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Procedural Fairness
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Remedies
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Standing
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Statutory Construction
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Citations
Archibald & Kayser [2021] FCCA 982
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Adamson & Adamson
[2014] FamCAFC 232
Oswald & Karrington
[2016] FamCAFC 152