Schmidt and Arlesworth

Case

[2008] FamCA 18

21 January 2008


Details
AGLC Case Decision Date
Schmidt and Arlesworth [2008] FamCA 18 [2008] FamCA 18 21 January 2008

CaseChat Overview and Summary

In *Schmidt and Arlesworth*, heard by Young J, the dispute concerned applications and responses filed in December 2007 and January 2008, relating to children's issues, including time spent with orders, travel arrangements, and future residence options.

The court was required to determine the appropriate course of action for the ongoing proceedings, including the scheduling of further hearings and the nature of discussions regarding children's issues. The court also considered variations to existing consent orders concerning the transport of children and the filing of amended applications and financial statements.

Young J ordered an adjournment of the further hearing to 4 March 2008. Crucially, the court directed both the husband and wife to confer confidentially with a Family Consultant, pursuant to s 11F of the *Family Law Act 1975*, to discuss all children's issues, with no report to be produced to the court. The court also varied existing consent orders regarding the alternate Wednesday transport of the children and set strict timelines for the filing of amended applications, responses, and updated financial statements. The court further ordered that the extempore reasons for judgment be transcribed and made available to the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Procedural Fairness

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