Kabe and Carbone

Case

[2018] FCCA 2346

16 August 2018


Details
AGLC Case Decision Date
Kabe and Carbone [2018] FCCA 2346 [2018] FCCA 2346 16 August 2018

CaseChat Overview and Summary

In the Federal Circuit Court, Judge McGuire presided over a dispute between Mr Kabe (the father) and Ms Carbone (the mother) concerning the living arrangements for their three children, born in 2008, 2011, and 2015. The primary issue before the court was determining where the children would reside.

The court was required to determine the interim living arrangements for the children, considering the mother's anticipated relocation application. This involved deciding with which parent the children would live and establishing the terms of any handover or future arrangements, particularly in light of the mother's undisclosed residential address and the possibility of her return to Tasmania.

Judge McGuire ordered that, until further order, the children would live with the father. This included directions for the father to travel to Sydney to collect the children, with changeovers to occur at a mutually agreed venue. The court also stipulated an interim arrangement for a week-about living situation should the mother return to Tasmania. The matter was listed for further directions, with the court noting its intention to prioritise the hearing of the mother's relocation application, contingent upon the provision of a Family Report and strict compliance with trial directions by both parties.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346