Costa and Costa (No 2)

Case

[2015] FamCA 1191

14 December 2015


Details
AGLC Case Decision Date
Costa and Costa (No 2) [2015] FamCA 1191 [2015] FamCA 1191 14 December 2015

CaseChat Overview and Summary

In *Costa and Costa (No 2)*, Hannam J of the Family Court of Australia considered a dispute between the parties concerning parenting arrangements for their children, [M] and [Y], and related financial matters. The proceedings involved an application by the father and a further amended response from the mother, with the court also noting the position of the Independent Children's Lawyer.

The court was required to determine the terms of consent orders regarding the children's time with the father, the supervision of that time, and the financial arrangements to facilitate these orders, including the release of funds from the father's superannuation. Additionally, the court considered the mother's application for property adjustment orders and the nature of material to be provided to a single expert.

Hannam J made orders by consent, incorporating provisions from a handwritten minute of order. These orders varied previous parenting orders, establishing supervised time for the children with the father each Saturday, with the costs of supervision to be shared. The father's application was withdrawn without prejudice. The mother was required to file and serve a further amended response regarding property adjustment orders, and was injuncted from changing the children's school without agreement or further order. The parties were also ordered to attend a Conciliation Conference and to facilitate the release of $20,000 from the father's superannuation for supervision costs and a single expert. The court declined an additional order sought by the mother regarding the children's time with the father and outlined a process for consent orders regarding the engagement of an expert. The court also made specific directions regarding the material to be provided to the expert concerning any police records or charges against the father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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