McDougall and Hampstead

This matter concerned an application-contravention filed by one party against the other, which was ultimately dismissed by Judge Altobelli in the Federal Circuit Court of Australia. The dispute involved complex parenting arrangements for five children.

The court was required to determine whether a contravention of previous parenting orders had occurred, and in light of the circumstances, to make new orders regarding the children's living arrangements, parental responsibility, and time spent with each parent. The court also considered the appointment of an Independent Children's Lawyer.

Judge Altobelli dismissed the application-contravention, finding that the circumstances did not warrant a finding of contravention. The court then made new orders, suspending the previous orders and establishing new arrangements. These included the mother having sole parental responsibility and the children living with her. Specific time arrangements were set out for the children to spend time with the father, with variations for school holidays. The court also permitted one child to spend time with the father at her request and ordered that the children attend counselling. An Independent Children's Lawyer was appointed, and parties were directed to provide all relevant documents to the Legal Aid Commission. The matter was adjourned for further consideration.