Bostoi and Bostoi
Case
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[2010] FamCA 992
•27 October 2010
Details
AGLC
Case
Decision Date
Bostoi and Bostoi [2010] FamCA 992
[2010] FamCA 992
27 October 2010
CaseChat Overview and Summary
In the matter of *Bostoi and Bostoi*, Justice Stevenson of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for two children, C and L. The dispute centred on how the parents would share responsibility for the children and the specific schedule for when the children would live with each parent.
The court was required to determine the extent of shared parental responsibility, the specific day-to-day care arrangements, and the allocation of time the children would spend with each parent, including provisions for special days and holidays. Additionally, the court addressed the importance of facilitating the children's counselling and the parents' obligations regarding communication and the children's privacy in relation to that counselling.
Justice Stevenson ordered the discharge of all existing orders relating to the children. The parents were granted equal shared parental responsibility, with the parent with whom the children were living at any given time having sole responsibility for day-to-day decisions. The orders detailed specific obligations for communication and consultation between the parents regarding the children's welfare, including health, education, and extracurricular activities. A detailed schedule was established for the children living with each parent, encompassing alternate weekends, mid-week time, school holidays, and specific public holidays and significant days for each parent. The court also mandated that the children attend confidential counselling and outlined strict privacy provisions regarding this counselling, restraining parents from seeking disclosure from the children or their counsellor.
The final orders also included provisions for the Independent Children's Lawyer to explain the orders to the children and for each parent to contribute to the costs of the children's counsellor and the Independent Children's Lawyer. A Fact Sheet detailing the obligations and consequences of contravening the orders was attached and incorporated into the orders.
The court was required to determine the extent of shared parental responsibility, the specific day-to-day care arrangements, and the allocation of time the children would spend with each parent, including provisions for special days and holidays. Additionally, the court addressed the importance of facilitating the children's counselling and the parents' obligations regarding communication and the children's privacy in relation to that counselling.
Justice Stevenson ordered the discharge of all existing orders relating to the children. The parents were granted equal shared parental responsibility, with the parent with whom the children were living at any given time having sole responsibility for day-to-day decisions. The orders detailed specific obligations for communication and consultation between the parents regarding the children's welfare, including health, education, and extracurricular activities. A detailed schedule was established for the children living with each parent, encompassing alternate weekends, mid-week time, school holidays, and specific public holidays and significant days for each parent. The court also mandated that the children attend confidential counselling and outlined strict privacy provisions regarding this counselling, restraining parents from seeking disclosure from the children or their counsellor.
The final orders also included provisions for the Independent Children's Lawyer to explain the orders to the children and for each parent to contribute to the costs of the children's counsellor and the Independent Children's Lawyer. A Fact Sheet detailing the obligations and consequences of contravening the orders was attached and incorporated into the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
Bostoi and Bostoi [2010] FamCA 992
Most Recent Citation
Milton and Milton [2012] FamCA 202
Cases Cited
2
Statutory Material Cited
1
Dennison & Wang
[2010] FamCAFC 182
Sayer v Radcliffe
[2012] FamCAFC 209