DARCY & DARCY

Case

[2016] FCCA 1756

13 July 2016


Details
AGLC Case Decision Date
Darcy and Darcy [2016] FCCA 1756 [2016] FCCA 1756 13 July 2016

CaseChat Overview and Summary

In the matter of *Darcy & Darcy*, Chief Judge Pascoe of the Family Court of Australia considered an application for consent orders concerning the parenting arrangements for three children. The dispute involved a discrete issue regarding additional time with one of the children, on top of already significant and substantial time arrangements, with a focus on the flexibility of orders to accommodate a developing relationship.

The court was required to determine whether to make the proposed consent orders, including specific amendments to existing arrangements for two of the children, X and Y. The amendments sought to vary the time the children spent with their mother, introducing new provisions for specific days and overnight stays in alternate weeks. The court also had to consider an application for costs, specifically a contribution towards the Independent Children’s Lawyer, given the matter had been ongoing for three years and the applicant had been largely successful.

Chief Judge Pascoe made consent orders reflecting the agreement of the parties, with a specific amendment to clause 4 of Annexure 1. This amendment altered the time X and Y spent with their mother, introducing provisions for Tuesday evenings and overnight stays in alternate weeks. The court also ordered the Father to pay $1,500 to Legal Aid as a contribution to the costs of the Independent Children’s Lawyer. The orders further stipulated that particulars of obligations and consequences of contravention would be attached, pursuant to s.65DA(2) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Costs

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

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