BARSON & BARSON
Case
•
[2015] FamCA 413
•7 April 2015
Details
AGLC
Case
Decision Date
BARSON & BARSON [2015] FamCA 413
[2015] FamCA 413
7 April 2015
CaseChat Overview and Summary
In the matter of *Barson & Barson*, Loughnan J considered applications by the father for interim parenting variation orders and by the wife for child support departure and spousal maintenance. The court found that most of the father's requested changes to the previous parenting arrangements were not warranted.
The legal issues before the court included whether to vary the existing parenting orders, whether to grant a child support departure order as sought by the wife, and whether to make an order for spousal maintenance in favour of the wife. The court also had to consider various consent orders relating to the children's counselling, property disclosure, and valuations, as well as interim property settlement and injunctions.
Loughnan J made several orders, including injunctions restraining the parties from assaulting, molesting, or harassing each other, and from sending abusive messages. The court also ordered that neither party arrange activities for the children during the other's time with them without prior written consent, and that the wife refrain from consuming alcohol to excess while the children are with her. By consent, orders were made for the children to attend counselling, for the wife to provide documents, and for the husband to arrange valuations of assets. The husband was also ordered to pay periodic and non-periodic child support, and spousal maintenance, with both payments to be adjusted annually by reference to the CPI. The husband was further ordered to pay outgoings for the former matrimonial home and the cost of house repairs, and to make an interim property settlement payment. Otherwise, the parties' applications for orders were dismissed, and costs were reserved.
The legal issues before the court included whether to vary the existing parenting orders, whether to grant a child support departure order as sought by the wife, and whether to make an order for spousal maintenance in favour of the wife. The court also had to consider various consent orders relating to the children's counselling, property disclosure, and valuations, as well as interim property settlement and injunctions.
Loughnan J made several orders, including injunctions restraining the parties from assaulting, molesting, or harassing each other, and from sending abusive messages. The court also ordered that neither party arrange activities for the children during the other's time with them without prior written consent, and that the wife refrain from consuming alcohol to excess while the children are with her. By consent, orders were made for the children to attend counselling, for the wife to provide documents, and for the husband to arrange valuations of assets. The husband was also ordered to pay periodic and non-periodic child support, and spousal maintenance, with both payments to be adjusted annually by reference to the CPI. The husband was further ordered to pay outgoings for the former matrimonial home and the cost of house repairs, and to make an interim property settlement payment. Otherwise, the parties' applications for orders were dismissed, and costs were reserved.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Injunction
-
Consent
-
Costs
-
Discovery
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
BARSON & BARSON [2015] FamCA 413
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
2