Gitarra and Heta

Case

[2009] FamCA 513

6 May 2009


Details
AGLC Case Decision Date
Gitarra and Heta [2009] FamCA 513 [2009] FamCA 513 6 May 2009

CaseChat Overview and Summary

The parties in this matter were the father and the wife, concerning their child. The dispute involved orders relating to the child's residence, time spent with each parent, and financial provisions for the wife. The decision was made by Loughnan JR.

The court was required to determine the terms of residence for the child, specifically the geographical proximity of the child's residence to the father's location in Sydney. Further issues included the arrangements for the child to spend time with the father, the financial support to be provided by the father for the wife's accommodation and household expenses, and the appointment of an Independent Children's Lawyer.

The court ordered that the child reside within 20 kilometres of the father's Sydney residence, contingent upon the father establishing a controlled monies account with $17,500. This fund was to be applied towards the wife's rental bond, recurrent rent, removal costs, and household furnishings. The child was to live with the mother, and spend time with the father weekly, including one overnight occasion, provided a mutually agreed-upon person, such as the paternal grandmother, was present. An Independent Children's Lawyer was appointed for the child pursuant to section 68L of the *Family Law Act 1975*, and the Legal Aid Commission of New South Wales was requested to arrange representation for the child.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Costs

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