Noelle and Fournier (No. 2)

Case

[2009] FamCA 334

21 April 2009


Details
AGLC Case Decision Date
Noelle and Fournier (No. 2) [2009] FamCA 334 [2009] FamCA 334 21 April 2009

CaseChat Overview and Summary

In *Noelle and Fournier (No. 2)*, Dawe J of the Family Court of Australia considered an application concerning the time the children S and T would spend with their mother. The dispute centred on arrangements for the children to travel between Adelaide and Melbourne to facilitate this time.

The court was required to determine the specific arrangements for the mother to spend time with the children, including the logistics of their travel between Adelaide and Melbourne, and the allocation of associated costs. The court also needed to establish a timeline for the father to present his proposed final orders.

Dawe J ordered that the mother spend time with the children from a specified time on the day of the hearing, with the father to deliver them to the mother at Adelaide Airport. The mother was to bear the cost of her airfare to Melbourne and ensure the children's return to the father by placing them on a specific Virgin Blue flight from Melbourne to Adelaide on Saturday, 25 April 2009, also at her expense. The father was directed to reimburse the mother for half the cost of the return flight within seven days of the children's arrival back in Adelaide. Furthermore, the father was directed to file and serve a Case Outline, including his sought final orders, by 4.00 pm on 11 May 2009.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

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