Malcher and Malcher (No 3)

Case

[2015] FamCA 388

18 May 2015


Details
AGLC Case Decision Date
Malcher and Malcher (No 3) [2015] FamCA 388 [2015] FamCA 388 18 May 2015

CaseChat Overview and Summary

In *Malcher and Malcher (No 3)*, Le Poer Trench J considered applications to vary existing parenting orders concerning the time three children, B, C, and D, were to spend with their father. The dispute centred on the practical implementation and modification of the children's time with the father, particularly in relation to the child C.

The court was required to determine how to vary the existing orders to adjust the time the children, specifically B and C, would spend with their father. Key issues included the suspension and gradual reintroduction of C's time with the father, and the extension of B's weekend time. The court also needed to consider the specific dates and fortnightly or alternate week arrangements for these changes.

Le Poer Trench J applied principles of child welfare in varying the orders. The court suspended C's time with the father pending a structured reintroduction plan, which involved phased increases in contact over specific periods, commencing in May 2015. This plan aimed to gradually increase C's time with the father, eventually aligning it with the time the other children, B and D, spent with him. The court also extended B's weekend time to include Tuesday school time from June 2015.

The court made orders varying the previous parenting arrangements. These included specific adjustments to the time B and C would spend with the father, with provisions for the gradual reintroduction of C's time. The orders also included arrangements for holiday time and allowed for further agreement between the parents.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

1

PARNELL & PARNELL [2015] FCCA 2929
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