Dempsey & Arber

Case

[2021] FCCA 366

5 March 2021


Details
AGLC Case Decision Date
Dempsey & Arber [2021] FCCA 366 [2021] FCCA 366 5 March 2021

CaseChat Overview and Summary

In the matter of PAC 4375 of 2020, Mr Dempsey (the applicant father) and Ms Arber (the respondent mother) sought orders concerning their child, X, born in 2016. The proceedings were before Obradovic J of the Federal Circuit Court of Australia.

The court was required to determine the parenting arrangements for X, specifically addressing issues of parental responsibility, where X would live, and the time X would spend with each parent. The court also considered the need for further dispute resolution processes.

Obradovic J made orders for equal shared parental responsibility for X, with X to live with the mother. The father was to have significant time with X during school terms, including two school nights and one weekend per fortnight, and half of the school holidays. Specific arrangements were also made for X to spend time with each parent on public holidays and special occasions, with some adjustments for the April 2021 school holidays to allow for more time with the mother. The court also ordered the parties to attend confidential Family Dispute Resolution Conferences and to provide cost disclosures.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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