PROUST & CROCE

Case

[2015] FamCA 381

18 May 2015


Details
AGLC Case Decision Date
PROUST & CROCE [2015] FamCA 381 [2015] FamCA 381 18 May 2015

CaseChat Overview and Summary

In the matter of PROUST & CROCE, Berman J of the Family Court of Australia made orders concerning parenting arrangements for the children B and C. The proceedings involved an application by the wife for leave to proceed on an undefended basis, which was granted. The husband's Second Amended Response to Initiating Application was dismissed.

The court was required to determine the parenting orders for the children, including where they would live, parental responsibility, and the nature and extent of the husband's time with them. Additionally, the court considered issues relating to communication between the husband and children, the possession of the children's passports, and the renewal of one child's passport. The discharge of an Independent Children's Lawyer and the wife's application for costs were also addressed.

Berman J ordered that the children B and C live with the wife, and that the wife have sole parental responsibility for B. The husband was to spend no time with the children unless they wished, and any such time was to be facilitated by the wife and in accordance with the children's wishes. The husband was permitted to send a limited number of emails to the children annually, subject to the wife's vetting. The wife was also ordered to provide the husband with copies of school reports and photographs, and to retain the children's passports, with authority to renew B's passport without the husband's consent. The Independent Children's Lawyer was discharged. Further consideration of the wife's costs application was adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Mazorski & Albright [2007] FamCA 520