Danell and Saller (No.2)

Case

[2015] FamCA 1072

3 December 2015


Details
AGLC Case Decision Date
Danell and Saller (No.2) [2015] FamCA 1072 [2015] FamCA 1072 3 December 2015

CaseChat Overview and Summary

In *Danell and Saller (No.2)*, McClelland J considered an application to vary existing orders concerning the time children would spend with their father. The dispute centred on the practical arrangements for supervised contact, including the specific times and durations of these visits, the nature of the activities undertaken, and the procedures for the transfer of the children between parents. The mother also sought to introduce new provisions regarding notification of medical and counselling appointments for the children and disclosure of past and future appointments.

The court was required to determine whether to vary the existing orders regarding the father's supervised time with the children. Specifically, the issues included the appropriate schedule and duration of supervised contact, the process for agreeing on activities during these times, and the method of changeover between the parents. Furthermore, the court had to consider the mother's request for enhanced notification and disclosure requirements concerning the children's and parties' medical and counselling appointments.

McClelland J reasoned that the existing orders needed modification to ensure the children's best interests were met, particularly in relation to the practicalities of supervised contact. The court varied the orders to specify the exact days, times, and durations for the father's supervised time with the children, and established a clear protocol for agreeing on activities, prioritising parental agreement and, failing that, the supervisor and Independent Children's Lawyer. The court also altered the changeover procedures to be managed by the supervisor to minimise direct contact between the parents. New provisions were introduced requiring the mother to provide advance written notice of the children's appointments and to disclose past attendance details, and both parties were ordered to disclose their own counselling attendance.

The court ordered variations to the existing orders concerning the father's supervised time with the children, including specific schedules and changeover procedures. New orders were made requiring seven days' written notice for the children's appointments and disclosure of past and future medical and counselling appointments for both the children and the parties. All other previous orders remained in force.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Costs

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Most Recent Citation
SALLER & DANELL [2017] FamCA 161

Cases Citing This Decision

1

SALLER & DANELL [2017] FamCA 161
Cases Cited

2

Statutory Material Cited

1

Saller & Danell [2015] FamCA 391
Blinko & Blinko [2015] FamCAFC 146