YACOB & CABALLOS
Case
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[2018] FCCA 2793
•22 August 2018
Details
AGLC
Case
Decision Date
Yacob and Caballos [2018] FCCA 2793
[2018] FCCA 2793
22 August 2018
CaseChat Overview and Summary
In the matter of *YACOB & CABALLOS*, heard by Judge Henderson, the parties sought final parenting orders by consent. The dispute concerned arrangements for a child, [X], born in 2011, including school pick-up arrangements and holiday time.
The court was required to determine the terms of the consent orders, including specific provisions regarding the child's school attendance and travel arrangements. The court also needed to consider the inclusion of particulars regarding contravention of the orders, as mandated by section 65DA(2) of the *Family Law Act 1975*, and to define certain terms within the orders, such as "generally present".
Judge Henderson made final orders by consent, incorporating the terms of a document marked "Exhibit 1". These orders included specific provisions for the father to collect the child from school and drive the mother and child to Town A in the mother's car if the mother was unable to obtain permission for the child to leave school at 2 pm on two occasions per term. The orders also stipulated that the father would have half of all school holidays with the child and defined "generally present" as the adult being able to see the child and father, without the necessity of hearing conversations. A Divorce Order was also granted. The court directed that a copy of the orders and judgment be forwarded to the child's school, the local police station, and JIRT.
The court was required to determine the terms of the consent orders, including specific provisions regarding the child's school attendance and travel arrangements. The court also needed to consider the inclusion of particulars regarding contravention of the orders, as mandated by section 65DA(2) of the *Family Law Act 1975*, and to define certain terms within the orders, such as "generally present".
Judge Henderson made final orders by consent, incorporating the terms of a document marked "Exhibit 1". These orders included specific provisions for the father to collect the child from school and drive the mother and child to Town A in the mother's car if the mother was unable to obtain permission for the child to leave school at 2 pm on two occasions per term. The orders also stipulated that the father would have half of all school holidays with the child and defined "generally present" as the adult being able to see the child and father, without the necessity of hearing conversations. A Divorce Order was also granted. The court directed that a copy of the orders and judgment be forwarded to the child's school, the local police station, and JIRT.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
Actions
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Citations
Yacob and Caballos [2018] FCCA 2793
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