COLE & SANTOS

Case

[2016] FCCA 674

1 April 2016


Details
AGLC Case Decision Date
Cole and Santos [2016] FCCA 674 [2016] FCCA 674 1 April 2016

CaseChat Overview and Summary

In the matter of *Cole & Santos*, Chief Judge Pascoe considered parenting orders concerning three children, X (aged 17), Y (aged 16), and Z (aged 13). The dispute involved the allocation of parental responsibility, living arrangements, and time spent between the children and their father. The court also addressed a request to depart from a child support assessment, which was ultimately not granted.

The primary legal issues before the court were the best interests of the children in relation to final parenting orders, specifically concerning the parental responsibility for the three teenage children, their living arrangements, and the time each child would spend with the father. The court was also required to determine whether there were special circumstances justifying a departure from the child support assessment.

The court made orders by consent, reflecting an agreement between the parties. The mother was granted sole parental responsibility for all three children, with the children to live with her. The father was to have no time with the eldest child, X, and no ordered time with Y. Specific, cyclical time arrangements were established for Z to spend with the father during school terms and holidays, with the father responsible for all transportation. The orders also included provisions for communication between the parents regarding the children's welfare, notification of health conditions, and a restraint on discussing the proceedings with the children. The court found no special circumstances to depart from the child support assessment.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Cole and Santos (No.2) [2016] FCCA 2582
Cases Cited

1

Statutory Material Cited

3

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209