Holbert and Holbert (No 2)

Case

[2020] FamCA 601

24 July 2020


Details
AGLC Case Decision Date
Holbert and Holbert (No 2) [2020] FamCA 601 [2020] FamCA 601 24 July 2020

CaseChat Overview and Summary

In *Holbert and Holbert (No 2)*, McEvoy J of the Federal Circuit and Family Court of Australia made orders by consent between the husband and wife concerning their children and ongoing proceedings. The dispute involved arrangements for the husband's contact with the children, the payment of school fees, and the future schooling of the children, as well as the dismissal of further interim or procedural applications made by both parties.

The court was required to determine the specific terms of the husband's telephone and electronic contact with the children, taking into account whether the husband was working or not, and to address the continuation of the husband's obligation to pay school fees. Additionally, the court needed to consider the children's change of school and the discharge of certain previous orders, while also determining the fate of outstanding interim and procedural applications.

The orders made by consent reflected an agreement between the parties on various matters. These included detailed provisions for the husband's contact with the children, a prohibition on denigration and discussion of adult matters in the children's presence, and the continuation of the husband's school fee obligations until the end of term 2, with a provision for the children to change schools thereafter unless otherwise agreed. The court also ordered the discharge of specific prior orders and dismissed further interim and procedural applications by both parties. The matter was then listed for a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Remedies

Actions
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Most Recent Citation
Gresham & Gresham [2021] FamCA 111

Cases Citing This Decision

1

Gresham & Gresham [2021] FamCA 111
Cases Cited

1

Statutory Material Cited

1

HOLBERT & HOLBERT [2019] FamCA 566