Nesbitt and Thomson

Case

[2012] FamCA 81

24 February 2012


Details
AGLC Case Decision Date
Nesbitt and Thomson [2012] FamCA 81 [2012] FamCA 81 24 February 2012

CaseChat Overview and Summary

In *Nesbitt and Thomson*, heard by Young J, the dispute concerned parenting orders for two children, S and D. The husband had filed an initiating application on 8 July 2010, which was ultimately dismissed.

The court was required to determine the appropriate parenting arrangements for the children, including issues of parental responsibility, living arrangements, and contact between the father and the children. The court also considered the costs of the proceedings and the role of the Independent Children's Lawyer.

Young J ordered that the mother have sole parental responsibility for the children and that the children live with the mother. Crucially, the court ordered that, unless otherwise agreed, the father was to spend no time with and have no communication with the children. The father was also ordered to pay costs to the mother's solicitors in the sum of $3,200 within sixty days. The appointment of the Independent Children's Lawyer was discharged, and directions were given for service of the orders and reasons for judgment. The court also noted that a fact sheet detailing the obligations and consequences of contravening the orders was annexed to the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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