Peters and Ustinov (No 2)

Case

[2011] FamCA 653

27 July 2011


Details
AGLC Case Decision Date
Peters and Ustinov (No 2) [2011] FamCA 653 [2011] FamCA 653 27 July 2011

CaseChat Overview and Summary

This matter concerned orders made by Collier J regarding the time a father would spend with his child, B. The dispute centred on the arrangements for the child's contact with the father, including specific schedules for weekdays, weekends, school holidays, and significant dates like Christmas and Easter. The court also addressed provisions for the child's well-being, including arrangements for sickness and the father's involvement in the child's sporting activities.

The court was required to determine the specific terms of the father's time with the child, B, and to establish clear guidelines for the exchange of the child between parents. Key issues included the duration and frequency of contact, the presence of third parties during contact, and the procedures to be followed in circumstances such as the child's illness or expressed wishes to return to the mother. The court also considered provisions relating to the child's cultural heritage and the conduct of the parents towards each other and the child.

Collier J made detailed orders outlining the father's time with B, commencing with supervised contact and progressively increasing to unsupervised alternate weekend and holiday arrangements. The orders specified collection and return procedures, including requirements for parents to remain in their vehicles and homes during exchanges. Provisions were also made for the child's participation in advanced sport at the father's expense, subject to the child's expressed wish. The court also included orders prohibiting denigration of either parent and requiring the mother to encourage the children's awareness of their Polish heritage. All applications and cross-applications were dismissed, and costs issues relating to a previous contravention application were also resolved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Standing

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1