BAKOWSKI & BAKOWSKI
Case
•
[2016] FamCA 666
•16 August 2016
Details
AGLC
Case
Decision Date
BAKOWSKI & BAKOWSKI [2016] FamCA 666
[2016] FamCA 666
16 August 2016
CaseChat Overview and Summary
In the Family Court of Australia, Rees J considered an application by a father seeking increased time with his children, B and C, who attend boarding school. The mother sought restraining orders against the father, which were not made. The court’s decision addressed the parental responsibility for the children's education, extracurricular activities, and medical care, as well as the specific arrangements for the children to spend time with each parent.
The primary legal issues before the court were the determination of the children's best interests in relation to parenting orders, specifically concerning the allocation of parental responsibility and the quantum of time the children would spend with each parent. The court also considered the mother's application for costs pursuant to section 117(2A) of the *Family Law Act 1975* and the father's obligation to contribute to the costs of the Independent Children's Lawyer.
Rees J made orders that the mother have sole parental responsibility for the children's education, enrolment in sporting and extracurricular activities, and major medical issues, while the parents share equal responsibility for other long-term issues, with a requirement for the mother to consult the father on such matters. The children were ordered to live with the mother and spend time with the father on alternate weekends during school terms and for a total of four weeks during school holidays annually, with specific provisions for Father's Day and special occasions. The court also made orders restraining both parents from speaking negatively about each other in the children's presence and facilitating communication between the children and their parents. The mother's application for costs was dismissed, and both parents were ordered to contribute to the costs of the Independent Children's Lawyer.
The primary legal issues before the court were the determination of the children's best interests in relation to parenting orders, specifically concerning the allocation of parental responsibility and the quantum of time the children would spend with each parent. The court also considered the mother's application for costs pursuant to section 117(2A) of the *Family Law Act 1975* and the father's obligation to contribute to the costs of the Independent Children's Lawyer.
Rees J made orders that the mother have sole parental responsibility for the children's education, enrolment in sporting and extracurricular activities, and major medical issues, while the parents share equal responsibility for other long-term issues, with a requirement for the mother to consult the father on such matters. The children were ordered to live with the mother and spend time with the father on alternate weekends during school terms and for a total of four weeks during school holidays annually, with specific provisions for Father's Day and special occasions. The court also made orders restraining both parents from speaking negatively about each other in the children's presence and facilitating communication between the children and their parents. The mother's application for costs was dismissed, and both parents were ordered to contribute to the costs of the Independent Children's Lawyer.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Costs
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
BAKOWSKI & BAKOWSKI [2016] FamCA 666
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1