Levett and Jabaut
Case
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[2018] FCCA 284
•13 February 2018
Details
AGLC
Case
Decision Date
Levett and Jabaut [2018] FCCA 284
[2018] FCCA 284
13 February 2018
CaseChat Overview and Summary
This matter came before Judge A Kelly concerning parenting orders for two children, X and Y. The dispute involved the enrolment of child X at a particular school and the broader arrangements for the children's well-being and the parents' future conduct.
The court was required to determine several key issues. These included the immediate enrolment of child X at the specified school, the requirement for both parents to engage in a parenting program and family therapeutic counselling, and the process for arranging and attending this counselling. Furthermore, the court needed to establish the procedure for the children's attendance at therapeutic counselling, the filing and serving of evidence and amended applications for final orders, and the conduct of mediation. The court also had to address the admissibility of evidence for the final hearing and the preparation of outlines of case concerning parenting issues.
In reaching its decision, the court made a series of orders designed to facilitate the immediate enrolment of child X and to promote the parents' engagement in therapeutic processes aimed at improving their co-parenting relationship. The court directed the parties to sign all necessary documents and pay fees for X's enrolment by a specified date, with provisions for default. It also mandated participation in a parenting program and family therapeutic counselling, with costs to be shared equally. The court further ordered that the children attend counselling as directed and set strict timelines for the filing and serving of amended applications, affidavits of evidence in chief, and outlines of case, specifically referencing relevant sections of the *Family Law Act 1975* (Cth) concerning equal shared parental responsibility, time with children, and the best interests of the child. A final hearing for all applications for final orders was scheduled.
The court was required to determine several key issues. These included the immediate enrolment of child X at the specified school, the requirement for both parents to engage in a parenting program and family therapeutic counselling, and the process for arranging and attending this counselling. Furthermore, the court needed to establish the procedure for the children's attendance at therapeutic counselling, the filing and serving of evidence and amended applications for final orders, and the conduct of mediation. The court also had to address the admissibility of evidence for the final hearing and the preparation of outlines of case concerning parenting issues.
In reaching its decision, the court made a series of orders designed to facilitate the immediate enrolment of child X and to promote the parents' engagement in therapeutic processes aimed at improving their co-parenting relationship. The court directed the parties to sign all necessary documents and pay fees for X's enrolment by a specified date, with provisions for default. It also mandated participation in a parenting program and family therapeutic counselling, with costs to be shared equally. The court further ordered that the children attend counselling as directed and set strict timelines for the filing and serving of amended applications, affidavits of evidence in chief, and outlines of case, specifically referencing relevant sections of the *Family Law Act 1975* (Cth) concerning equal shared parental responsibility, time with children, and the best interests of the child. A final hearing for all applications for final orders was scheduled.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Costs
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Discovery
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Procedural Fairness
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Remedies
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Statutory Construction
Actions
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Citations
Levett and Jabaut [2018] FCCA 284
Cases Citing This Decision
0
Cases Cited
13
Statutory Material Cited
2
Bondelmonte v Bondelmonte
[2017] HCA 8
Hernandez v Minister for Home Affairs
[2020] FCA 415
Mauldera & Orbel
[2014] FamCAFC 135