Demont and Frazer

Case

[2020] FamCA 769

14 September 2020


Details
AGLC Case Decision Date
Demont and Frazer [2020] FamCA 769 [2020] FamCA 769 14 September 2020

CaseChat Overview and Summary

In *Demont and Frazer*, Rees J of the Family Court of Australia made orders concerning the living arrangements and time spent with children Y, X, Z, and W. The dispute involved the parents' wishes regarding the children's care and contact.

The court was required to determine the specific arrangements for the children's residence, the father's time with the children during school terms and holidays, and the allocation of time during significant periods such as Mother's Day, Father's Day, and Christmas. The court also considered the transfer of proceedings and the inclusion of specific details regarding obligations and consequences of contravention of the orders.

Rees J ordered that the children live with the mother, while Y would spend time and communicate with the father as per his wishes. For the other children, X, Z, and W, specific fortnightly arrangements during school terms were established, along with a division of school holidays. The court also made detailed provisions for the children's time with the father on Father's Day and Christmas, alternating between parents in different years. Importantly, the court ordered that the proceedings be transferred to the Federal Circuit Court in Sydney and that particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet, be included in the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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