Malcher and Malcher

Case

[2012] FamCA 1004

15 November 2012


Details
AGLC Case Decision Date
MALCHER & MALCHER [2012] FamCA 1004 [2012] FamCA 1004 15 November 2012

CaseChat Overview and Summary

This matter concerned an application to vary existing court orders concerning children's time with their parents. The court was required to determine the specific arrangements for the children's time with each parent, particularly during school holidays and upon the commencement of a new school term.

The court's reasoning focused on establishing a clear and detailed schedule for the children's time with both the father and the mother. This included specific dates and times for transitions between parents, as well as provisions for telephone contact during school holidays. The court also addressed the involvement of a Dr A, varying previous orders regarding instructions to this professional, while preserving the ability for further investigations if requested.

The court made several orders, including varying the commencement and end times for the children's time with the father on weekends, and setting out a detailed schedule for the 2012/2013 Christmas school holidays. Further orders clarified arrangements for school holidays, the commencement of Term 1 2013, and the father's birthday. Existing orders regarding Dr A were varied, and other applications by both parties were dismissed, with the exception of any application for costs. The court also included a Fact Sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

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