Levett and Jabaut

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Discovery

  • Procedural Fairness

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

13

Statutory Material Cited

2

Mauldera & Orbel [2014] FamCAFC 135