CAVE & LEVIS

Case

[2017] FCCA 2647

9 October 2017


Details
AGLC Case Decision Date
CAVE & LEVIS [2017] FCCA 2647 [2017] FCCA 2647 9 October 2017

CaseChat Overview and Summary

In the matter of *Cave & Levis*, heard by Judge Riethmuller, the dispute concerned parenting arrangements for two children, X and Y. The proceedings involved an application for, and subsequent return of, ex parte recovery orders, and the discharge of those orders.

The court was required to determine the appropriate approach to applications for ex parte recovery orders and the subsequent proceedings on the return date, particularly in relation to the discharge of such orders. The court also had to consider the interim parenting arrangements for the children.

The court varied an existing order to injunct both parties from taking or sending the children from Australia. It ordered that the children live with the Respondent and set out specific arrangements for the children to spend time and communicate with the Applicant, including daily telephone/Facetime contact, Skype sessions, and supervised time if the Applicant could travel to Brisbane. The court also made provision for holiday time and directed the transfer of the matter to the Brisbane sittings of the Federal Circuit Court. Existing orders from the Magistrates’ Court at Ballarat were noted to remain in full force and effect, and the court certified that it was reasonable for the parties to employ an advocate.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

3

Scarle and Ringwood and Anor [2017] FamCAFC 57
Sawant & Karanth [2014] FamCAFC 235