Linke and Balstad
Case
•
[2018] FCCA 560
•4 May 2018
Details
AGLC
Case
Decision Date
Linke and Balstad [2018] FCCA 560
[2018] FCCA 560
4 May 2018
CaseChat Overview and Summary
This matter concerned parenting orders and property settlement between the parties, Linke and Balstad, before Judge Newbrun. The dispute involved arrangements for the child [X], born in 2010, including living arrangements, time spent with each parent, and communication. Additionally, the court was required to determine the division of property and associated financial obligations between the parties.
The court was tasked with determining the specific orders regarding the child's living arrangements and time with each parent, including weekday and school holiday schedules, as well as provisions for communication and notification of significant events. Furthermore, the court had to make orders concerning the division of property, including the payment of a sum by one party to the other, the collection of personal items, and the ultimate ownership of remaining assets and liabilities.
In relation to parenting, the court ordered equal shared parental responsibility, with the child to live with the mother. Detailed provisions were made for the father's time with the child, including alternate weekends, mid-week contact, and specific arrangements for school holidays and special occasions, with certain periods reserved for the mother. The court also established protocols for communication, notification of illness or travel, and parental involvement in the child's schooling and activities. For property settlement, the mother was ordered to pay the father a sum of $25,930 within six weeks, with provisions for sale of property by auction in default of payment. The father was also ordered to collect specific items from a property within 28 days, failing which they would be deemed abandoned. Each party was declared the absolute owner of property in their respective names and solely liable for their debts. Finally, the father was ordered to pay the mother a sum for her legal costs.
The court was tasked with determining the specific orders regarding the child's living arrangements and time with each parent, including weekday and school holiday schedules, as well as provisions for communication and notification of significant events. Furthermore, the court had to make orders concerning the division of property, including the payment of a sum by one party to the other, the collection of personal items, and the ultimate ownership of remaining assets and liabilities.
In relation to parenting, the court ordered equal shared parental responsibility, with the child to live with the mother. Detailed provisions were made for the father's time with the child, including alternate weekends, mid-week contact, and specific arrangements for school holidays and special occasions, with certain periods reserved for the mother. The court also established protocols for communication, notification of illness or travel, and parental involvement in the child's schooling and activities. For property settlement, the mother was ordered to pay the father a sum of $25,930 within six weeks, with provisions for sale of property by auction in default of payment. The father was also ordered to collect specific items from a property within 28 days, failing which they would be deemed abandoned. Each party was declared the absolute owner of property in their respective names and solely liable for their debts. Finally, the father was ordered to pay the mother a sum for her legal costs.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Property Law
Legal Concepts
-
Costs
-
Remedies
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
Linke and Balstad [2018] FCCA 560
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Fields & Smith
[2015] FamCAFC 57
Dickons & Dickons
[2012] FamCAFC 154
Norbis v Norbis
[1986] HCA 17