Palantine and Palantine

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Breach

  • Penalty

  • Appeal

  • Stay of Proceedings

  • Consent

  • Jurisdiction

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