TAMASINE & WEERASINGHE

Case

[2016] FamCA 1108

20 June 2016


Details
AGLC Case Decision Date
TAMASINE & WEERASINGHE [2016] FamCA 1108 [2016] FamCA 1108 20 June 2016

CaseChat Overview and Summary

This matter concerned final parenting orders made by consent between the Mother and Father regarding their two children, B and C. The Mother also sought costs against the Father.

The primary legal issues before the Court were to determine the terms of the final parenting orders and whether there were any circumstances that justified an order for costs in favour of the Mother.

Johns J made consent orders discharging previous parenting orders, save for specific provisions from December 2015. The new orders established equal shared parental responsibility, with the children to live with the Mother. Specific arrangements were detailed for the children's time with the Father, including provisions for school holidays, birthdays, and participation in tournaments. The orders also included provisions regarding the children's psychological counselling, travel, information sharing, attendance at school events, and prohibitions against denigration and physical discipline. The Court also noted the children's participation in chess tournaments.

Regarding costs, the Court found no circumstances to justify an order for costs against the Father, noting that the consent orders reached by the parties reflected a significant difference from the Mother's proposed orders. Consequently, the Court ordered that each party bear their own costs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

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