HATZIS & HATZIS

Case

[2020] FCCA 2859

22 October 2020


Details
AGLC Case Decision Date
Hatzis and Hatzis [2020] FCCA 2859 [2020] FCCA 2859 22 October 2020

CaseChat Overview and Summary

This matter concerned interim parenting arrangements for two children, X and Y, born in 2016 and 2018 respectively. The dispute involved the frequency of the children's time with the Respondent Father, the specific arrangements for changeovers between parents, and the form of communication to be used between the parents. The court was required to consider the best interests of the children in determining these arrangements, applying the factors outlined in section 60CC of the *Family Law Act 1975* (Cth) and the considerations under section 65DAA of the Act.

Judge C. E. Kirton QC made orders establishing a schedule for the children's time with the Father, which varied between 22 October 2020 and 31 December 2020, and thereafter until further order. These orders included specific weekday and weekend time, as well as provisions for the children's birthdays. The court also ordered that the Father be at liberty to communicate with the children via FaceTime, Skype, or Zoom on specified evenings. Changeover arrangements were to occur at a particular location or as otherwise agreed. Furthermore, the parties were ordered to provide notice of significant medical, allied medical, educational, and schooling appointments and to continue using a specific communication application, with exceptions for emergencies. Additional consent orders addressed specific arrangements for Father's Day, Mother's Day, birthdays, and Christmas. The court also emphasised the parties' obligation to consult and inform each other regarding significant decisions and to authorise medical practitioners to communicate with the other party regarding the children's health. The matter was adjourned for mention on 26 November 2020.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

2

AMS v AIF [1999] HCA 26
Goode & Goode [2006] FamCA 1346