Formio and Kermesse

Case

[2008] FamCA 1171

3 December 2008


Details
AGLC Case Decision Date
Formio and Kermesse [2008] FamCA 1171 [2008] FamCA 1171 3 December 2008

CaseChat Overview and Summary

The proceedings involved competing applications for final parenting orders between the father and the mother concerning their two children, K and N. The matter came before Brown J of the Family Court of Australia.

The court was required to determine the interim parenting arrangements for the children, including the father's time with them, and to set a date for the final trial of the competing applications. The court also considered the filing and service of affidavits by the parties and the independent children's lawyer, and the indexing of a report by Ms. L.

Brown J made orders by consent regarding the father's time with the children, specifying regular Saturday and Wednesday contact, as well as additional time on Boxing Day 2008 and Sunday 28 December 2008, with specific changeover arrangements. The court also ordered that the competing applications for final parenting orders be fixed for trial on 26 March 2009, subject to a part-heard case. Further orders were made concerning the filing of affidavits, the indexing of a report, and the listing of the matter for mention. The court noted that the case had been transferred to Justice Brown's docket and that the attendance of counsel was reasonably required.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Expert Evidence

  • Costs

  • Jurisdiction

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