Marbow and Marbow
Case
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[2009] FamCA 804
•12 August 2009
Details
AGLC
Case
Decision Date
Marbow and Marbow [2009] FamCA 804
[2009] FamCA 804
12 August 2009
CaseChat Overview and Summary
In the matter of *Marbow and Marbow*, heard by Watts J, the court considered parenting orders concerning two children, R and Y. The dispute involved the arrangements for the children's living situation, time spent with each parent, and the allocation of parental responsibility.
The primary legal issues before the court were the determination of equal shared parental responsibility, the primary residence of the children, the nature and supervision of the children's time with the mother, and the apportionment of costs associated with supervised contact. The court also addressed the discharge of previous orders, including those related to CDT testing, and the liberty to relist the matter for further interim or final determinations.
Watts J ordered the discharge of all previous parenting orders. The court established equal shared parental responsibility for the children. The children were ordered to live with their father, and to spend time with their mother each Thursday for three hours, with this time to be supervised by Dial-An-Angel. The father was ordered to pay the full costs of Dial-An-Angel, with the mother to reimburse him for one half of these costs weekly. The court stipulated that the mother's non-payment of her share of costs would not excuse the father from his obligation to pay Dial-An-Angel. Liberty was granted to the father to relist the matter for enforcement of the mother's cost contribution, and to the parties and the Independent Children's Lawyer to relist for interim determinations on long-term parental responsibility and the circumstances of visits to a rehabilitation facility, including supervision. The matter was stood out of the list with liberty to relist for consideration of final orders.
The primary legal issues before the court were the determination of equal shared parental responsibility, the primary residence of the children, the nature and supervision of the children's time with the mother, and the apportionment of costs associated with supervised contact. The court also addressed the discharge of previous orders, including those related to CDT testing, and the liberty to relist the matter for further interim or final determinations.
Watts J ordered the discharge of all previous parenting orders. The court established equal shared parental responsibility for the children. The children were ordered to live with their father, and to spend time with their mother each Thursday for three hours, with this time to be supervised by Dial-An-Angel. The father was ordered to pay the full costs of Dial-An-Angel, with the mother to reimburse him for one half of these costs weekly. The court stipulated that the mother's non-payment of her share of costs would not excuse the father from his obligation to pay Dial-An-Angel. Liberty was granted to the father to relist the matter for enforcement of the mother's cost contribution, and to the parties and the Independent Children's Lawyer to relist for interim determinations on long-term parental responsibility and the circumstances of visits to a rehabilitation facility, including supervision. The matter was stood out of the list with liberty to relist for consideration of final orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
Marbow and Marbow [2009] FamCA 804
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