Wince and Wince
Case
•
[2018] FamCA 950
•16 November 2018
Details
AGLC
Case
Decision Date
Wince and Wince [2018] FamCA 950
[2018] FamCA 950
16 November 2018
CaseChat Overview and Summary
In *Wince and Wince*, Baumann J of the Family Court of Australia made orders concerning the living arrangements and time spent with the children, X and Y, and the father. The dispute centred on the children's residence and the terms of their contact with the father, particularly in light of a relocation by the mother.
The court was required to determine the primary residence of the children, the conditions under which they would return to a specific geographic area, and the specific arrangements for the father to spend time with them. Further issues included the appointment of a family report writer, the allocation of costs for this report, and the transfer of proceedings to another registry.
Baumann J ordered that the children live with the mother, with a condition that upon the father paying a sum of not less than $2,000, the children would return to live with the mother in either the B Town or C Town area, as elected by the mother, within thirty days but not before 15 December 2018. The orders detailed specific times for the children to spend with the father, including mid-week contact and alternate weekend arrangements during school holidays, with specific provisions for each child. The father was also subject to conditions regarding the consumption of illicit substances and alcohol when the children were in his care. Mr D was appointed as a Court Expert to prepare a family report, with initial costs to be borne by the father, who was granted leave to seek a contribution from the mother. The proceedings were subsequently transferred to the Federal Circuit Court of Australia, C Town Registry, and adjourned.
The court was required to determine the primary residence of the children, the conditions under which they would return to a specific geographic area, and the specific arrangements for the father to spend time with them. Further issues included the appointment of a family report writer, the allocation of costs for this report, and the transfer of proceedings to another registry.
Baumann J ordered that the children live with the mother, with a condition that upon the father paying a sum of not less than $2,000, the children would return to live with the mother in either the B Town or C Town area, as elected by the mother, within thirty days but not before 15 December 2018. The orders detailed specific times for the children to spend with the father, including mid-week contact and alternate weekend arrangements during school holidays, with specific provisions for each child. The father was also subject to conditions regarding the consumption of illicit substances and alcohol when the children were in his care. Mr D was appointed as a Court Expert to prepare a family report, with initial costs to be borne by the father, who was granted leave to seek a contribution from the mother. The proceedings were subsequently transferred to the Federal Circuit Court of Australia, C Town Registry, and adjourned.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Costs
-
Expert Evidence
-
Jurisdiction
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Wince and Wince [2018] FamCA 950
Cases Citing This Decision
0