Delvin & Olason

This matter concerned parenting and property issues between Mr Delvin (the Applicant father) and Ms Olason (the Respondent mother), heard by Young J in the Federal Circuit Court of Australia. The dispute involved the living arrangements and time spent with the parties' two children, X (born 2009) and Y (born 2017), as well as the distribution of property.

The court was required to determine the primary residence of the children, the terms of the father's time with the children, including the necessity for supervised contact and the weight to be given to the older child's objections, and the communication protocols between the parents. Additionally, the court needed to make orders regarding property distribution, including the transfer of a motor vehicle and financial contributions towards a property, and to set a pathway for the resolution of these matters, including conciliation and future directions.

In relation to parenting, the court ordered that the children live with the mother. The father was to have supervised time with the children initially, with a pathway towards unsupervised time contingent on the older child, X, not having strong objections, as assessed by an Independent Children's Lawyer. The court also imposed strict communication protocols, requiring interactions to occur through solicitors, a family dispute resolution practitioner, or a family support worker, except in emergencies. For property, the court ordered the father to transfer his interest in a motor vehicle to the mother and to make weekly contributions towards outgoings on a specified property if he resided there.

The court further ordered the appointment of an Independent Children's Lawyer to represent the children's interests and directed the parties to attend a child-inclusive conference to assess the commencement of overnight time for the father. The matter was adjourned for a conciliation conference, with directions for mutual discovery, valuation of assets, and the preparation of a joint statement of assets and liabilities. The court also set a trial call-over date for further directions.