Selby and Selby
Case
•
[2019] FamCA 144
•12 March 2019
Details
AGLC
Case
Decision Date
Selby and Selby [2019] FamCA 144
[2019] FamCA 144
12 March 2019
CaseChat Overview and Summary
In the matter of *Selby and Selby*, Stevenson J of the Family Court of Australia made orders concerning the parenting arrangements for the parties' two children, C and B. The dispute involved complex issues surrounding parental responsibility, living arrangements, and contact arrangements for the children, as well as orders restraining certain conduct and requiring the payment of costs.
The court was required to determine the appropriate parenting orders for C and B, considering the children's welfare as the paramount consideration. This included deciding on sole or shared parental responsibility, where each child would live, and the nature and extent of contact between the children and each parent. The court also had to address applications for costs and the reimbursement of expert witness fees.
Stevenson J discharged all existing orders and made new orders granting the father sole parental responsibility for both children. C was to live with either parent according to her wishes, while B was to live with the father. Specific contact arrangements were detailed for B with the mother, including telephone contact, school holiday time, and Christmas arrangements, with provisions for changeovers at a designated location. The court also imposed significant restraints on both parents, prohibiting them from discussing parenting issues, court proceedings, or denigrating the other parent in the presence of the children. Further restraints were placed on the mother regarding her communication with B and her interactions with a Mr Veloce. Orders were also made for the reimbursement of setting down and hearing fees by the mother to the father, and for the payment of expert witness and Independent Children's Lawyer fees by both parties. The court also made provisions for the children to be informed of the orders and for the dissemination of the orders to relevant parties.
The court was required to determine the appropriate parenting orders for C and B, considering the children's welfare as the paramount consideration. This included deciding on sole or shared parental responsibility, where each child would live, and the nature and extent of contact between the children and each parent. The court also had to address applications for costs and the reimbursement of expert witness fees.
Stevenson J discharged all existing orders and made new orders granting the father sole parental responsibility for both children. C was to live with either parent according to her wishes, while B was to live with the father. Specific contact arrangements were detailed for B with the mother, including telephone contact, school holiday time, and Christmas arrangements, with provisions for changeovers at a designated location. The court also imposed significant restraints on both parents, prohibiting them from discussing parenting issues, court proceedings, or denigrating the other parent in the presence of the children. Further restraints were placed on the mother regarding her communication with B and her interactions with a Mr Veloce. Orders were also made for the reimbursement of setting down and hearing fees by the mother to the father, and for the payment of expert witness and Independent Children's Lawyer fees by both parties. The court also made provisions for the children to be informed of the orders and for the dissemination of the orders to relevant parties.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Injunction
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Remedies
Actions
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Citations
Selby and Selby [2019] FamCA 144
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