KONSTANTIN & ARMENEDIS

Case

[2016] FamCA 661

8 August 2016 (orally); Settled and provided to the parties on 12 August 2016


Details
AGLC Case Decision Date
KONSTANTIN & ARMENEDIS [2016] FamCA 661 [2016] FamCA 661 8 August 2016 (orally); Settled and provided to the parties on 12 August 2016

CaseChat Overview and Summary

The proceedings involved a dispute between a mother and father concerning the living arrangements and welfare of their two children, B and D. The matter came before Hogan J.

The court was required to determine interim parenting orders regarding the children's residence, school attendance, and the preparation of a Family Report. Additionally, the court considered the transfer of the proceedings and the costs associated with the Family Report and counselling.

Hogan J made orders for the children to reside with the father for a specified period, followed by a return to the mother. The court also ordered the children to resume attending their school and to live with each parent according to a previous consent order from 21 November 2013. The proceedings were transferred to the Brisbane Registry of the Federal Circuit Court. The mother was ordered to meet the costs of the Family Report initially, with liberty to seek reimbursement from the father at trial. The Independent Children’s Lawyer was granted leave to inspect and photocopy documents from the Department of Communities, Child Safety and Disability Services, with redaction of notifier details. The parties were ordered to attend counselling with Dr H, sharing the costs of the children's attendance equally. Finally, the court incorporated a Fact Sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Procedural Fairness

  • Remedies

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