Lavastos and Sill

Case

[2009] FamCA 118

16 February 2009


Details
AGLC Case Decision Date
Lavastos and Sill [2009] FamCA 118 [2009] FamCA 118 16 February 2009

CaseChat Overview and Summary

In the matter of *Lavastos and Sill*, Cronin J of the Family Court of Australia made orders by consent concerning the parental responsibility and living arrangements for a child born in January 2006. The dispute involved the parents' arrangements for their child, including the mother's proposed relocation to Queensland.

The court was required to determine the terms of consent orders regarding equal shared parental responsibility, the child's primary residence, and the extent of the child's time with the father. Crucially, the court also had to consider and approve the mother's application to relocate with the child to Queensland, and to establish a schedule for the child's time with the father, which would necessarily involve interstate travel.

The orders made by consent reflected an agreement between the parties on these matters. The court discharged previous orders and established equal shared parental responsibility. The child was ordered to live with the mother, and the mother was permitted to relocate with the child to Queensland. A detailed schedule was set out for the child's time with the father, including specific weekends and holiday periods, with provisions for the costs of airfares and for makeup time in certain circumstances. The orders also included obligations for the mother to keep the father informed of the child's health and hospitalisation.

By consent, the court ordered the discharge of previous orders and established new arrangements for the child. These included equal shared parental responsibility, the child living with the mother, and the mother being permitted to relocate with the child to Queensland. The father was granted specific time with the child, including regular weekend contact and alternating holiday periods, with provisions for travel costs and notification of illness. The court also directed that the Minutes of Consent Orders be kept on the court file, with a notation that the orders were intended for review upon the child commencing primary schooling.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Procedural Fairness

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