SAMPSON & KIDD

Case

[2015] FCCA 3409

23 December 2015


Details
AGLC Case Decision Date
SAMPSON & KIDD [2015] FCCA 3409 [2015] FCCA 3409 23 December 2015

CaseChat Overview and Summary

This matter came before Judge Altobelli concerning a dispute between Sampson and Kidd regarding their children, X and Y, and related financial matters. The court was required to make orders concerning the children's living arrangements, parental communication, and the progression of financial proceedings.

The court was tasked with determining the primary residence of the children, X and Y, and imposing restrictions on the mother's ability to relocate them. Additionally, the court needed to address the nature of communication between the parents concerning each other and the children, and to establish a framework for the financial proceedings, including disclosure and valuation of assets. The court also considered the appointment of an Independent Children's Lawyer and the procedural steps required for an upcoming Conciliation Conference.

Judge Altobelli ordered that the children, X and Y, live with the Mother and restrained her from relocating them more than 20 kilometres from their current address. Both parents were restrained from speaking negatively about the other parent or their family in the presence of the children, or discussing the proceedings or their relationship in the children's hearing. The court adjourned the matter for a mention, appointed an Independent Children's Lawyer for the children, and requested the Legal Aid Commission of New South Wales to provide representation. Further orders directed the parties to attend a Conciliation Conference, with specific requirements for pre-conference disclosure, including a joint balance sheet detailing asset pools and contended values, and written notices of costs. The parties were also ordered to comply with rules regarding service of documents and full and frank financial disclosure.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Discovery

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Morgan v Miles [2007] FamCA 1230
C v S [1998] FamCA 66