Everett and Ors and Upton

Case

[2015] FamCA 704

26 August 2015


Details
AGLC Case Decision Date
Everett and Ors and Upton [2015] FamCA 704 [2015] FamCA 704 26 August 2015

CaseChat Overview and Summary

In the matter of *Everett and Ors and Upton*, Stevenson J considered parenting and property disputes between the parties. The parenting dispute concerned the children D, E, and F, and the property dispute involved the division of assets, including a property located at G Street, Suburb H, New South Wales.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of the father's time with the children. Additionally, the court had to make orders regarding the division of the parties' property, including the distribution of funds and the transfer of real estate.

Stevenson J ordered that the mother have sole parental responsibility for D, E, and F, with the children to live with her. The father's time with E and F was to be supervised by a professional agency, with the father bearing the costs, until F commenced secondary education, at which point the paternal grandfather would assume supervision. The court also made orders for the children to attend a protective behaviours counsellor, with the mother bearing those costs. Furthermore, the court made orders restraining both parties from denigrating each other in the presence of the children. In relation to property, the wife was ordered to pay the husband $42,700 and to take sole title to the G Street property. Each party was otherwise declared solely entitled to property in their possession, and both were ordered to contribute to the Legal Aid Commission of New South Wales.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

7

Sayer v Radcliffe [2012] FamCAFC 209
Stanford v Stanford [2012] HCA 52