Niem and Tong
Case
•
[2018] FamCA 1072
•14 December 2018
Details
AGLC
Case
Decision Date
Niem and Tong [2018] FamCA 1072
[2018] FamCA 1072
14 December 2018
CaseChat Overview and Summary
In the matter of *Niem and Tong*, Foster J of the Federal Circuit Court of Australia considered an application to vary existing parenting orders concerning two children, C and D. The dispute involved the parents' respective roles and responsibilities in relation to the children's upbringing and living arrangements.
The court was required to determine the best interests of the children, C and D, in light of the circumstances presented. This involved assessing the appropriate allocation of parental responsibility, the children's living arrangements, and the nature and extent of the time the children would spend with each parent.
Foster J discharged the previous parenting orders and made new orders pending further determination. The mother was granted sole parental responsibility for both children, and they were ordered to live with her. Child C was to spend time with the father according to her wishes. Child D's time with the father was to be agreed in writing by the parents, with a default provision for supervised contact at a specified contact service on alternate Saturdays for three hours, with costs shared equally. The order included specific conditions regarding the operation of the contact service and the process for varying the orders if the service became unavailable or recommended changes.
The court was required to determine the best interests of the children, C and D, in light of the circumstances presented. This involved assessing the appropriate allocation of parental responsibility, the children's living arrangements, and the nature and extent of the time the children would spend with each parent.
Foster J discharged the previous parenting orders and made new orders pending further determination. The mother was granted sole parental responsibility for both children, and they were ordered to live with her. Child C was to spend time with the father according to her wishes. Child D's time with the father was to be agreed in writing by the parents, with a default provision for supervised contact at a specified contact service on alternate Saturdays for three hours, with costs shared equally. The order included specific conditions regarding the operation of the contact service and the process for varying the orders if the service became unavailable or recommended changes.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Costs
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Niem and Tong [2018] FamCA 1072
Most Recent Citation
Tong and Niem [2019] FamCA 551
Cases Cited
6
Statutory Material Cited
1
Niem & Tong
[2016] FamCA 1089
Goode & Goode
[2006] FamCA 1346
Marvel & Marvel
[2010] FamCAFC 101