KILLAM & LEVITT

Case

[2015] FamCA 52

6 February 2015


Details
AGLC Case Decision Date
KILLAM & LEVITT [2015] FamCA 52 [2015] FamCA 52 6 February 2015

CaseChat Overview and Summary

In this matter before Foster J, the parties, a husband and wife, were in dispute regarding parenting arrangements for their two young children, one of whom has significant health issues. The parents also had a conflictual relationship and poor communication skills. The wife also sought interim spousal maintenance and a departure from the assessed child support amount.

The court was required to determine the interim parenting arrangements for the children, specifically considering whether significant and substantial time with the husband was in their best interests and whether the parents should have equal shared parental responsibility, in accordance with section 60CC of the *Family Law Act 1975*. Additionally, the court had to consider the wife's applications for interim spousal maintenance under section 72 of the *Family Law Act 1975* and for an interim child support departure order.

Foster J ordered that the husband and wife have equal shared parental responsibility for the children, with the children to live with the wife. The court outlined specific interim time arrangements for the children to spend with the husband, including alternate weekends and specific days during school terms and holidays, noting the importance of a settled arrangement with limited changeovers given the children's ages and health issues. The wife's applications for interim spousal maintenance and child support departure were dismissed. The court also made orders restraining the husband from withdrawing funds from company accounts without prior notice to the wife and appointed an Independent Children's Lawyer for the children.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

1

SPENCER & SQUIRE (No.2) [2017] FCCA 3162
Cases Cited

6

Statutory Material Cited

13

Harris & Ellis [2011] FamCAFC 90
Bagala & Bagala [2009] FMCAfam 953
Marvel & Marvel [2010] FamCAFC 101