KADEJEVIC & KADEJEVIC
Case
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[2019] FamCA 270
•2 May 2019
Details
AGLC
Case
Decision Date
KADEJEVIC & KADEJEVIC [2019] FamCA 270
[2019] FamCA 270
2 May 2019
CaseChat Overview and Summary
This matter concerned parenting orders between the parties, the mother and the father, regarding their children. The court, presided over by McClelland DCJ, was tasked with varying existing orders and making new provisions to govern the children's time with each parent.
The court was required to determine the specific arrangements for the children's time with each parent, including unsupervised time for the mother, and to address issues surrounding special occasions and school holidays. Further, the court needed to consider provisions regarding the mother's alcohol consumption, the mother's ongoing consultation with a medical professional, and the appointment of an independent expert to investigate matters relevant to the children's best interests under section 60CC of the *Family Law Act 1975* (Cth). The court also had to address orders concerning the parties' conduct towards each other in the presence of the children, communication about the proceedings with the children, and the exchange of information regarding the children's health and contact details.
The court made detailed orders varying the existing arrangements for the children's time with the mother, specifying the frequency and duration of unsupervised time, as well as arrangements for special occasions and school holidays. Provisions were made for the commencement and conclusion of school holidays and for the timing of exchanges on non-school days. The court also ordered that the father deliver the children to the mother's residence and the mother to the father's residence at the conclusion of their respective time, unless otherwise agreed or occurring at school or holiday care. A significant order restrained the mother from consuming alcohol for 24 hours prior to and during her time with the children. Furthermore, by consent, an expert was to be appointed to investigate and report on matters relevant to the children's best interests, with a detailed process outlined for the selection of this expert should the parties be unable to agree. Additional consent orders addressed mutual communication, the prohibition of denigration, limitations on discussing proceedings with the children, direct liaison with medical practitioners, and the notification of changes in contact details and any illness or injury to the children.
The court was required to determine the specific arrangements for the children's time with each parent, including unsupervised time for the mother, and to address issues surrounding special occasions and school holidays. Further, the court needed to consider provisions regarding the mother's alcohol consumption, the mother's ongoing consultation with a medical professional, and the appointment of an independent expert to investigate matters relevant to the children's best interests under section 60CC of the *Family Law Act 1975* (Cth). The court also had to address orders concerning the parties' conduct towards each other in the presence of the children, communication about the proceedings with the children, and the exchange of information regarding the children's health and contact details.
The court made detailed orders varying the existing arrangements for the children's time with the mother, specifying the frequency and duration of unsupervised time, as well as arrangements for special occasions and school holidays. Provisions were made for the commencement and conclusion of school holidays and for the timing of exchanges on non-school days. The court also ordered that the father deliver the children to the mother's residence and the mother to the father's residence at the conclusion of their respective time, unless otherwise agreed or occurring at school or holiday care. A significant order restrained the mother from consuming alcohol for 24 hours prior to and during her time with the children. Furthermore, by consent, an expert was to be appointed to investigate and report on matters relevant to the children's best interests, with a detailed process outlined for the selection of this expert should the parties be unable to agree. Additional consent orders addressed mutual communication, the prohibition of denigration, limitations on discussing proceedings with the children, direct liaison with medical practitioners, and the notification of changes in contact details and any illness or injury to the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Costs
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Expert Evidence
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Natural Justice
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Procedural Fairness
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Remedies
Actions
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Citations
KADEJEVIC & KADEJEVIC [2019] FamCA 270
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
Iphostrou & Iphostrou and Ors
[2011] FamCA 20
Acton & Burton
[2015] FamCA 469
SS & AH
[2010] FamCAFC 13