Carmel-Fevia and Fevia

Case

[2008] FamCA 577

24 June 2008


Details
AGLC Case Decision Date
Carmel-Fevia and Fevia [2008] FamCA 577 [2008] FamCA 577 24 June 2008

CaseChat Overview and Summary

In the matter of Carmel-Fevia and Fevia, Cronin J of the Family Court of Australia made orders concerning interim parenting and financial issues between the parties. The dispute involved applications for interim orders by both the husband and the wife, as well as a less adversarial trial concerning children's issues.

The court was required to determine various interim parenting matters, including the appointment of a family consultant and an Independent Children's Lawyer, and to make procedural orders for financial issues. Additionally, the court addressed a specific request for the child E to travel to Tahiti with the husband and the wife's obligation to facilitate necessary travel documents. The court also made orders regarding the wife's conduct in the presence of the children.

Cronin J ordered that the proceedings be adjourned for a less adversarial trial on 26 August 2008. The parties were directed to ascertain the willingness of Dr L to act as a family consultant, with liberty to apply for a mention to determine the consultant's identity. No further applications or affidavits were to be filed without leave before the trial date, and a case assessment conference was vacated. The wife was ordered to make the child E available for travel to Tahiti with the husband and to sign documents for passports and visas. The wife was also restrained from denigrating the husband in the presence of the children. All other interim parenting issues, including the appointment of an Independent Children's Lawyer, and all financial issues were referred to the trial date for consideration and procedural orders. Save for the issues referred to in paragraph 9, the husband's and wife's applications for interim orders were dismissed. The court certified that it was reasonable to engage Senior Counsel and that the reasons for judgment were to be transcribed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1