MCFEIN & SARAPOVA

Case

[2010] FamCA 1229

23 December 2010


Details
AGLC Case Decision Date
MCFEIN & SARAPOVA [2010] FamCA 1229 [2010] FamCA 1229 23 December 2010

CaseChat Overview and Summary

In the matter of MCFEIN & SARAPOVA, Stevenson J considered orders relating to a child, V, born in May 2005. The dispute concerned the parental responsibility and living arrangements for the child, as well as the child's time spent with each parent. The court also addressed financial matters concerning fees for a Dr Q and the return of subpoenaed material.

The court was required to determine the extent of equal shared parental responsibility for the child, where the child would live, and the specific arrangements for the child to spend time with the father. This included the commencement and progression of supervised and unsupervised time, as well as arrangements for holidays and special days. The court also had to consider the implications of contravening the orders and the provision of assistance for compliance, and to make orders regarding the payment of Dr Q's fees and the return of subpoenaed documents.

Stevenson J discharged all existing orders concerning the child and made new orders establishing equal shared parental responsibility. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father, commencing under supervision for an initial period. These arrangements were to progressively transition to unsupervised time, with increasing duration and flexibility as the child aged, including specific provisions for weekends, holidays, and birthdays. The court also stipulated that overnight stays were to occur at the home of the paternal grandparents or aunt, with their presence required until the child turned 10. From the child's 10th birthday, all supervision and venue limitations were discharged. The court also ordered the mother to pay Dr Q's fees in two instalments and that all subpoenaed material be returned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Dennison & Wang [2010] FamCAFC 182
Sayer v Radcliffe [2012] FamCAFC 209
M v M [1988] HCA 68