TOBEY & REZEK

The matter involved the parties TOBEY and REZEK, with a dispute regarding the care and custody of their child, [X], born in 2005. The Federal Circuit and Family Court of Australia (FCFCOA) was tasked with determining the living arrangements for the child, in addition to several other related issues. The court was called upon to decide on the suspension of certain consent orders, the intervention of Mrs F in the proceedings, the allocation of nights for the child to live with each parent, the father's application to take the child overseas, the appointment of an expert to prepare a report, and the adjustment of the final hearing dates.

The legal issues before the court included whether to suspend specific consent orders, grant leave for Mrs F to intervene, establish the living arrangements for the child, and consider the father's application to take the child overseas. Additionally, the court had to decide on the appointment of an expert to prepare a report, agree on terms of reference for the expert, and reschedule the final hearing. The court's role was to balance the best interests of the child with the rights and wishes of the parents.

The FCFCOA concluded that the orders previously made should be suspended and that Mrs F be granted leave to intervene in the proceedings. The court determined that the child should live with the father for nine nights per fortnight and with Mrs F for five nights per fortnight, with the exact days and changeover arrangements to be agreed upon by the parents. The court refused the father's application to take the child overseas, stipulating that if he travels, the child would live with Mrs F. An expert was appointed to prepare a report, with costs shared between the parties and the Independent Children's Lawyer. The final hearing was vacated, and the matter was adjourned for directions.

The final orders included the suspension of specific consent orders, the intervention of Mrs F, a schedule for the child's living arrangements, a refusal of the father's overseas travel application, the appointment of an expert, and the rescheduling of the final hearing. The court also granted liberty to re-list the matter on fourteen days' notice.