BIRCHLER & MANIKAS

Case

[2015] FamCA 986

11 November 2015


Details
AGLC Case Decision Date
BIRCHLER & MANIKAS [2015] FamCA 986 [2015] FamCA 986 11 November 2015

CaseChat Overview and Summary

In this matter before McClelland J, the proceedings concerned the living arrangements and time spent with three children, B, C, and D, born in 2008, 2009, and 2011 respectively. The dispute involved the parents' competing claims regarding the children's welfare and parental responsibilities.

The court was required to determine the primary residence of the children and the specific arrangements for the time they would spend with each parent. Additionally, the court needed to address the appointment of an Independent Children's Lawyer and the engagement of a single expert to report on various aspects of the parents' capacity and their ability to foster a relationship between the children and the other parent, as contemplated by section 60CC of the *Family Law Act 1975* (Cth).

McClelland J made orders that the children shall live with the mother, subject to existing orders. Detailed provisions were set out for the children to spend time with the father, including mid-week and alternating weekend arrangements, as well as specific provisions for school holidays. The court also ordered the appointment of an Independent Children's Lawyer, requesting representation from the Legal Aid Commission of NSW, and directed the parties to provide relevant documents to the Commission. Furthermore, the parents were ordered to jointly appoint a single expert to report on matters relevant to section 60CC of the *Family Law Act 1975* (Cth), with the Independent Children's Lawyer to nominate the expert if agreement could not be reached. The parties were to facilitate the expert's report and share the costs equally. All other orders sought by the parties were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Expert Evidence

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Deiter & Deiter [2011] FamCAFC 82
George & George [2013] FamCAFC 182
Galloway & Duke [2014] FamCA 569