Silverton and Krowiecz
Case
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[2016] FamCA 223
•8 April 2016
Details
AGLC
Case
Decision Date
Silverton and Krowiecz [2016] FamCA 223
[2016] FamCA 223
8 April 2016
CaseChat Overview and Summary
The matter of Silverton and Krowiecz came before Foster J, concerning a dispute between the parents regarding the care and well-being of their children, B and C. The proceedings involved applications for various orders relating to the children's living arrangements, parental conduct, and communication with educational institutions.
The court was required to determine a range of issues, including the conditions under which the father could have the children in his care, specifically concerning his alcohol consumption and that of his partner. Further issues involved the father's proximity to the mother at the children's school and residence, and the extent of his entitlement to attend school events. The court also considered the exchange of information between the parents and the children's schools.
By consent of the parties, Foster J made several orders. These included restraining the father from consuming alcohol for 12 hours prior to and during the children's care, with specific exceptions for his engagement party and wedding where excessive consumption was prohibited. The father was also ordered to endeavour to ensure his partner did not consume alcohol while the children were in his care. The court also made orders regarding the father's access to the children, his proximity to the mother at the children's school and residence, and his attendance at school events, requiring him to provide notice to the mother. Additionally, orders were made for both parents to facilitate the sharing of school-related information. All other applications before the court were dismissed, and the proceedings were removed from the active pending cases list.
The court was required to determine a range of issues, including the conditions under which the father could have the children in his care, specifically concerning his alcohol consumption and that of his partner. Further issues involved the father's proximity to the mother at the children's school and residence, and the extent of his entitlement to attend school events. The court also considered the exchange of information between the parents and the children's schools.
By consent of the parties, Foster J made several orders. These included restraining the father from consuming alcohol for 12 hours prior to and during the children's care, with specific exceptions for his engagement party and wedding where excessive consumption was prohibited. The father was also ordered to endeavour to ensure his partner did not consume alcohol while the children were in his care. The court also made orders regarding the father's access to the children, his proximity to the mother at the children's school and residence, and his attendance at school events, requiring him to provide notice to the mother. Additionally, orders were made for both parents to facilitate the sharing of school-related information. All other applications before the court were dismissed, and the proceedings were removed from the active pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Consent
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Remedies
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Procedural Fairness
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Costs
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Stay of Proceedings
Actions
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Citations
Silverton and Krowiecz [2016] FamCA 223
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209