ILBERT & LOVEL

Case

[2019] FamCA 174

25 March 2019


Details
AGLC Case Decision Date
ILBERT & LOVEL [2019] FamCA 174 [2019] FamCA 174 25 March 2019

CaseChat Overview and Summary

In the matter of *Ilbert & Lovel*, Berman J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for a child, X, born in 2010. The dispute centred on how the child would spend time with each parent following their separation.

The court was required to determine the appropriate orders for shared parental responsibility, where the child would live, and the specific arrangements for the child to spend time with the father. Additionally, the court considered the role of family therapy and the procedural requirements for the parties to file amended applications and evidence.

Berman J ordered that the parties have equal shared parental responsibility for the child, with the child to live with the mother. The court also detailed a phased approach for the child to spend time with the father, commencing with shorter periods and progressing to alternate weekends. The parties were directed to engage in non-reportable family therapy, sharing the costs and endeavouring to implement any recommendations made by the therapist. The court also set strict timelines for the applicant and respondent to file amended applications and affidavits of evidence in chief, and for the Independent Children’s Lawyer to file any affidavit material.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Marvel & Marvel [2010] FamCAFC 101
SS & AH [2010] FamCAFC 13
Deiter & Deiter [2011] FamCAFC 82