Flinders and Carmine

Case

[2010] FamCA 119

14 January 2010


Details
AGLC Case Decision Date
Flinders and Carmine [2010] FamCA 119 [2010] FamCA 119 14 January 2010

CaseChat Overview and Summary

In the matter of Flinders and Carmine, Strickland J of the Family Court of Australia made orders concerning the time a child, born in September 2003, would spend with the father. The dispute involved the specific arrangements for these periods of time, including conditions for handovers and financial contributions towards travel costs.

The court was required to determine the terms of the child's time with the father, including the locations and conditions for handovers, and to vary existing orders regarding future arrangements. Additionally, the court considered the need for independent representation for the child and the provision of information to facilitate this. The court also addressed the particulars of the obligations created by the orders and the consequences of contravention.

Strickland J applied provisions of the *Family Law Act 1975*, including Section 68L to appoint an Independent Children's Lawyer, and Sections 62B and 65DA(2) to outline the obligations and consequences of contravention. The court ordered specific periods of time for the child to spend with the father on various dates in January, February, and March 2010, with detailed conditions for handovers, including the presence of the mother or her sister for the initial part of certain visits. The father was also ordered to contribute a sum of $50 towards the mother's travel costs on specific dates. Existing orders were to apply thereafter, with a variation to allow for agreed handover locations from March 2010. The court also directed that a fact sheet detailing the obligations and consequences of contravention be attached to the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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