FREDERICKS & CARRIGAN

Fredericks & Carrigan involved a dispute between Ms Fredericks and Mr Carrigan regarding the financial support of their two children. The matter was heard and determined by the Family Court of Australia. Ms Fredericks sought maintenance payments for the children, as well as arrangements for Mr Carrigan's access to the children during the holiday period. The legal issues in this case primarily revolved around the calculation and enforcement of maintenance payments, as well as the visitation arrangements for the children during the December/January school holidays.

The court was required to determine the appropriate amount of maintenance payments Mr Carrigan should make to Ms Fredericks for their two children. The court also needed to address the specific conditions under which Mr Carrigan could exercise his visitation rights during the holiday period. Furthermore, the court had to consider the enforcement mechanisms for the maintenance payments and the arrangements for ensuring the children's safe travel and return from the holiday period.

The court ruled that Mr Carrigan should pay Ms Fredericks A$1,250.00 per month in maintenance for the children, with payments starting from 1 September 2009. The court also ordered that these payments be registered with the Child Support Agency for collection. Mr Carrigan was required to make payments to the Registrar of the Child Support Agency on the 15th of each month, starting from 15 July 2012. The court further directed that any outstanding arrears of maintenance should be settled using funds held by the Child Support Agency in Mr Carrigan's name, with any remaining arrears to be paid at a rate of A$50.00 per month. The maintenance payments were to cease when each child turned 18 or became financially independent. The court also ordered that the maintenance payments be indexed to the Consumer Price Index for Adelaide.

The final orders included detailed provisions for Mr Carrigan's access to the children during the holiday period, with specific conditions regarding travel arrangements and the provision of security to ensure the children's safe return to Australia.