Ball and Dunston

Case

[2018] FCCA 2620

30 August 2018


Details
AGLC Case Decision Date
Ball and Dunston [2018] FCCA 2620 [2018] FCCA 2620 30 August 2018

CaseChat Overview and Summary

In the matter of *Ball and Dunston*, heard by Judge Young, the dispute concerned the parenting arrangements for a child born in 2017. The orders indicate a disagreement between the parents regarding the child's residence and the father's financial obligations towards the mother's accommodation.

The court was required to determine the primary residence of the child, the financial support the father would provide to the mother for her rental costs, and the arrangements for the parties to spend time with the child. Furthermore, the court needed to consider the child's welfare and best interests in light of various factors prescribed by the *Family Law Act 1975*, including the child's views, and to facilitate the preparation of a family report to assist in these determinations.

Judge Young ordered the child to return to reside in Darwin with the mother, with the father to vacate his unit in favour of the mother if she wished, and to pay her $150 per week towards her rental costs. The parties were granted leave to file interim consent orders regarding time spent with and living arrangements for the child. Crucially, the court directed the parties and the child to attend upon a family consultant for the preparation of a family report, which was to address the child's views, statutory considerations under sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other matters relevant to the child's welfare. The matter was then adjourned for compliance and listed for trial in May 2019.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

  • Discovery

  • Jurisdiction

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