Palantine and Palantine
Case
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[2011] FamCA 427
•10 May 2011
Details
AGLC
Case
Decision Date
Palantine and Palantine [2011] FamCA 427
[2011] FamCA 427
10 May 2011
CaseChat Overview and Summary
In the matter of *Palantine and Palantine*, heard by Faulks DCJ, the court considered allegations of breaches of consent orders made on 8 February 2011, as well as an application concerning child support. The proceedings involved disputes between the parents regarding their children's care and communication.
The primary legal issues before the court were whether the mother had breached Order 34 concerning the provision of clothing for the children during their time with the father, and whether she had breached Order 27. Additionally, the court had to determine an application relating to the mother providing the children with a mobile phone and texting them while they were with their father, and an application concerning child support.
Faulks DCJ found that the mother had breached Order 34, but declined to impose a penalty. The allegation of a breach of Order 27 was dismissed. The court also dismissed the application concerning the provision of a mobile phone and texting. Pursuant to s 70NBA, Order 34 was varied to stipulate that the mother would provide sufficient clothing for the children's time with the father, and the father was to return all such clothing with the children. The application in a Case filed on 29 March 2011 was dismissed. The court reserved time to consider a potential oral application by the father for a stay of the assessment of child support.
The primary legal issues before the court were whether the mother had breached Order 34 concerning the provision of clothing for the children during their time with the father, and whether she had breached Order 27. Additionally, the court had to determine an application relating to the mother providing the children with a mobile phone and texting them while they were with their father, and an application concerning child support.
Faulks DCJ found that the mother had breached Order 34, but declined to impose a penalty. The allegation of a breach of Order 27 was dismissed. The court also dismissed the application concerning the provision of a mobile phone and texting. Pursuant to s 70NBA, Order 34 was varied to stipulate that the mother would provide sufficient clothing for the children's time with the father, and the father was to return all such clothing with the children. The application in a Case filed on 29 March 2011 was dismissed. The court reserved time to consider a potential oral application by the father for a stay of the assessment of child support.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Breach
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Penalty
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Appeal
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Stay of Proceedings
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Consent
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Jurisdiction
Actions
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Citations
Palantine and Palantine [2011] FamCA 427
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
1