Samson and Watkins

Case

[2016] FamCA 855

30 September 2016


Details
AGLC Case Decision Date
Samson and Watkins [2016] FamCA 855 [2016] FamCA 855 30 September 2016

CaseChat Overview and Summary

Austin J of the Federal Circuit Court of Australia made orders concerning the time a child, born in 2012, would spend with their parents. The proceedings involved a dispute between the parents regarding the child's living arrangements and time spent with each parent.

The court was required to determine the specific arrangements for the child's time with both the father and the mother, including during school terms, school holidays, and on specific public holidays such as Christmas Day, Boxing Day, Mother's Day, and Father's Day. The court also needed to consider the practical implementation of these arrangements, including collection and return of the child, and to address the consequences of contravening the orders made.

Austin J discharged previous orders relating to the child and made new orders detailing a structured schedule for the child's time with the father. This schedule involved alternating weekends during school terms, specific periods during school holidays, and a division of time on Christmas Eve, Christmas Day, and Boxing Day, with arrangements reversing in alternate years. The court also specified time allocations for Mother's Day and Father's Day. The orders included provisions for the collection and return of the child, specifying locations and times, and referenced a Fact Sheet outlining the obligations, consequences of contravention, and assistance available, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The Independent Children's Lawyer was discharged upon the expiry of any applicable appeal period, and all outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Langmeil & Grange [2013] FamCAFC 31
SPS & PLS [2008] FamCAFC 16
Gotch & Gotch [2009] FamCAFC 3