Fabell and Fleetwood (No. 2)

Case

[2019] FamCA 68

30 January 2019


Details
AGLC Case Decision Date
Fabell and Fleetwood (No. 2) [2019] FamCA 68 [2019] FamCA 68 30 January 2019

CaseChat Overview and Summary

In *Fabell and Fleetwood (No. 2)*, Loughnan J of the Federal Circuit Court of Australia made orders concerning the living arrangements and time spent with the children of the parties, as well as the occupation of the former matrimonial home. The dispute involved the parents' arrangements for their two children, Y and X, and the occupation of their former home.

The court was required to determine the parenting orders for the children, specifically where they would live and the time they would spend with each parent. Additionally, the court had to make orders regarding the exclusive occupation of the former matrimonial home, with provisions for each parent to occupy the property at different times.

Loughnan J made orders by agreement between the parties, with specific exceptions noted in relation to the father's time with X. The orders stipulated that the children would live with the mother, and detailed specific arrangements for Y and X to spend time with the father. The court also made orders for the exclusive occupation of the former matrimonial home, initially granting sole occupation to the mother until a specified date or event, and thereafter granting sole occupation to the father. These orders were made pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth), with a Fact Sheet detailing obligations and consequences of contravention attached.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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