Mallon and Mallon

Case

[2013] FamCA 632

19 August 2013


Details
AGLC Case Decision Date
Mallon and Mallon [2013] FamCA 632 [2013] FamCA 632 19 August 2013

CaseChat Overview and Summary

In the matter of *Mallon and Mallon*, Rees J of the Family Court of Australia considered an application concerning the parenting arrangements for two children, B and C. The dispute centred on the terms of time spent between the children and their father, including the nature of supervision and specific therapeutic interventions.

The court was required to determine the appropriate orders for the children's time with their father, the conditions under which that time should occur, and the arrangements for therapeutic support for one of the children. Additionally, the court needed to consider the implications of the father's ongoing criminal trial on these parenting arrangements.

Rees J made orders for the children to spend time with the husband on alternate weekends, from Saturday 9 am to 12 noon. This time was to be supervised by Mr D Mallon and/or Ms E, and could take place at the paternal grandparents' home or elsewhere if an activity was planned, provided the husband acknowledged the children's wishes. The court also ordered that B attend upon Dr F or Mr G for therapeutic support, with the costs to be shared equally between the parties. Liberty was granted to the independent children's lawyer to relist the matter upon the conclusion of the father's criminal trial in 2014. The orders incorporated a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance for compliance, pursuant to Sections 65DA(2) and 62B of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Sentencing

  • Procedural Fairness

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