Bostoi and Bostoi

Case

[2011] FamCA 567

22 July 2011


Details
AGLC Case Decision Date
Bostoi and Bostoi [2011] FamCA 567 [2011] FamCA 567 22 July 2011

CaseChat Overview and Summary

In the matter of *Bostoi and Bostoi*, Watts J of the Family Court of Australia considered an application by the mother for a recovery order. The dispute concerned the former matrimonial home and the children, D and E.

The court was required to determine the terms of interim orders concerning the occupation of the former matrimonial home by both parents, the father's proximity to the property, and the storage of documents. The court also considered the arrangements for the children to be with their mother during her occupation of the home.

Watts J made orders that the father was to vacate the former matrimonial home during specific alternate times on Wednesdays and Saturdays, and to remain 100 metres away from the property when the mother arrived or departed. The father was also directed to secure the main bedroom and study to store documents he wished to keep from the mother's access. The mother was granted occupation of the property during the same alternate times the father was excluded, with the children to be with her during these periods. The court also attached a Fact Sheet detailing the obligations and consequences of contravening the orders, and requested the appointment of a case assessment conference to address property alteration applications.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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