Cases published April 2018

Family Court of Australia

Lankester & Cribb [2018] FamCAFC 60 (6 April 2018)

Parenting – Where the primary judge made orders changing the child’s primary residence, providing for a six-month moratorium on the time the child spends with the mother and providing for a supervised time regime ultimately leading to unsupervised time – Adequacy of reasons – Whether the primary judge properly applied s 60CC of the Family Law Act 1975 (Cth) – Whether the orders were not supported by the evidence – Where Order 7 was made in error and will be set aside – Whether the primary judge’s failure to make specific orders for changeovers made the orders for time unenforceable – Where orders as to changeovers are consequential or machinery orders – Whether, in light of the mother’s poor financial circumstances, the primary judge erred by ordering the mother to pay for supervision – Where the mother did not adduce any evidence nor provide any submissions to show she was not in a position to meet the costs of supervision – Appeal allowed in part – Application for costs dismissed.

Insley & Insley [2018] FCCA 438 (13 March 2018)

Interim parenting – mother and child in Victoria, father in Wollongong – allegations of family violence – how credit issues and fact-finding is managed in interim hearings – orders in best interests of child.