Berrun and Gele (No 2)

Case

[2010] FamCA 1049

2 November 2010


Details
AGLC Case Decision Date
Berrun and Gele (No 2) [2010] FamCA 1049 [2010] FamCA 1049 2 November 2010

CaseChat Overview and Summary

This matter concerned an application to vary existing parenting orders before Barry J. The parties involved were the Mother and the Father, with an Independent Children’s Lawyer appointed to represent the interests of the children, C and D. The dispute centred on arrangements for the children's time with each parent, particularly concerning travel and communication with therapists.

The court was required to determine several issues, including the specific dates for the children's time with each parent, the logistics of delivering the children for these arrangements, and whether the Independent Children’s Lawyer should be permitted to provide copies of various court documents and reports to the children's therapists. Additionally, the court had to consider applications for further reports and the costs associated with the proceedings.

The orders made by consent addressed the variation of existing orders regarding the child C's time with the Father between 9 and 23 December 2010. Specific directions were given for the delivery of both children, D and C, to and from New Zealand. Leave was granted to the Independent Children’s Lawyer to provide a comprehensive list of documents, including previous orders, affidavits, reports, and reasons for judgment, to the children's therapists, Ms N and Ms S. The Mother was ordered to pay the Father's and the Independent Children's Lawyer's costs for the hearing on 19 July 2010, with three months to pay. The Father's application for further reports was dismissed, as were all other interim applications. Finally, pursuant to sections 62B and 65DA(2) of the relevant legislation, a document detailing obligations, consequences of contravention, and assistance for compliance was annexed to the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Procedural Fairness

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