Astarita and Cotton

Case

[2017] FamCA 87

10 February 2017


Details
AGLC Case Decision Date
Astarita and Cotton [2017] FamCA 87 [2017] FamCA 87 10 February 2017

CaseChat Overview and Summary

This matter concerned orders made by Austin J in the Family Court of Australia regarding the parenting arrangements for the parties' children. The proceedings involved an application by the father and a response by the mother, with various interim orders and applications being considered.

The court was required to determine the specific parenting orders to be made, including the arrangements for the children to spend time with the father, and to consider the dismissal of outstanding applications and the need for further reports and directions. The court also had to address the provision of information to the Department of Family and Community Services and the issuance of subpoenae.

Austin J made detailed orders concerning the children's time with the father, suspending previous orders and establishing a new schedule for alternate weekends and school holidays, with specific exchange points at a police station. The court also ordered the preparation of an update family report by a Family Consultant, requiring the attendance of both parties and the children for interviews and observations. Various applications were dismissed, and the proceedings were adjourned for further directions, with leave granted for the mother to issue subpoenae to childcare centres and a speech pathologist, and for the Independent Children's Lawyer to provide documents to the Department of Family and Community Services. By consent, an earlier application-contravention filed by the father was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Remedies

  • Appeal

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Cases Citing This Decision

1

Astarita and Cotton (No 2) [2017] FamCA 905
Cases Cited

0

Statutory Material Cited

2