Simonsen v Wolters

Case

[2018] FCCA 2906

11 September 2018


Details
AGLC Case Decision Date
Simonsen v Wolters [2018] FCCA 2906 [2018] FCCA 2906 11 September 2018

CaseChat Overview and Summary

In the matter of *Simonsen v Wolters*, heard by Judge Young, the dispute concerned parenting arrangements for two children, [X] born in 2004 and [Y] born in 2009. The applicant sought orders for the children to live with them, while the respondent sought orders for the children to live with them.

The court was required to determine the best interests of the children in relation to their living arrangements and the time they would spend with each parent. The court also considered the need for further information and assistance to resolve the parenting dispute.

Judge Young ordered that the children live with the respondent and spend time with the applicant from after school each Friday until 11:00 am each Sunday. Pursuant to s.11F of the *Family Law Act 1975*, the parties and children were directed to attend a child-inclusive conference with a Family Consultant. Following this conference, the Family Consultant was to provide advice to the court on agreed issues, disputed issues, and recommendations for interim or procedural orders. The matter was adjourned for further consideration, with the court noting that the parties should attend a Legal Aid Conference if one could be arranged after the s.11F memorandum was released.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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