SOUTH & CORDAS

In the matter of SOUTH & CORDAS, Young J of the Family Court of Australia considered an application to vary existing final consent orders concerning the time spent with a child. The dispute arose between the husband and wife regarding the practical application and potential amendment of orders made on 1 July 2010, which governed the child's time with her father.

The primary legal issue before the court was whether to vary the existing consent orders to alter the arrangements for the child's time with the husband, particularly in light of the practicalities of school holidays and the commencement of a fortnightly regime. The husband sought further orders, which were also to be considered.

Young J determined that the final consent orders should remain largely in effect. However, a specific amendment was made for the current calendar year, allowing the husband to spend time with his daughter from after school on 19 December 2011 until 3:00 p.m. on 25 December 2011. The court also made notations to clarify the calculation of the "last pupil day of term" and the notional continuation of the husband's fortnightly time during school holidays for the purpose of resuming the regime. The husband's application to vary the orders and his further sought orders were otherwise dismissed. The court also ordered the husband to pay $1,000 in costs to the wife's solicitors.