Madigan and Madigan and Ors
Case
•
[2018] FamCA 1062
•13 December 2018
Details
AGLC
Case
Decision Date
Madigan and Madigan and Ors [2018] FamCA 1062
[2018] FamCA 1062
13 December 2018
CaseChat Overview and Summary
In the matter of *Madigan and Madigan and Ors*, Berman J of the Family Court of Australia considered an application to vary existing parenting orders concerning the children X and Y. The proceedings involved the father seeking increased time with the children, and the mother opposing this, with an intervener, Ms Middleton, also participating.
The central legal issues before the court were whether the existing parenting orders, made on 21 December 2017, should be varied to allow for increased time between the children and their father, and whether Ms Middleton should continue as an intervener in the proceedings. The court was required to assess the best interests of the children in determining the appropriate parenting arrangements.
Berman J reasoned that the existing orders needed to be discharged and replaced with new arrangements that facilitated supervised time between the children and their father. The court ordered that the children would spend specific periods with the father on alternate Saturdays and Sundays, commencing on 15 December 2018, and also on Christmas Eve 2018. Crucially, this time was to be supervised by the paternal grandmother. Furthermore, Ms Middleton was removed from the proceedings as an intervener. The court also stipulated that handovers were to take place at a specific McDonald's restaurant or an alternative agreed venue.
The central legal issues before the court were whether the existing parenting orders, made on 21 December 2017, should be varied to allow for increased time between the children and their father, and whether Ms Middleton should continue as an intervener in the proceedings. The court was required to assess the best interests of the children in determining the appropriate parenting arrangements.
Berman J reasoned that the existing orders needed to be discharged and replaced with new arrangements that facilitated supervised time between the children and their father. The court ordered that the children would spend specific periods with the father on alternate Saturdays and Sundays, commencing on 15 December 2018, and also on Christmas Eve 2018. Crucially, this time was to be supervised by the paternal grandmother. Furthermore, Ms Middleton was removed from the proceedings as an intervener. The court also stipulated that handovers were to take place at a specific McDonald's restaurant or an alternative agreed venue.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Jurisdiction
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
Marvel & Marvel
[2010] FamCAFC 101
SS & AH
[2010] FamCAFC 13
Deiter & Deiter
[2011] FamCAFC 82