MENUHIN & MENUHIN
Case
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[2020] FamCA 349
•5 May 2020
Details
AGLC
Case
Decision Date
MENUHIN & MENUHIN [2020] FamCA 349
[2020] FamCA 349
5 May 2020
CaseChat Overview and Summary
In the matter of *MENUHIN & MENUHIN*, McEvoy J of the Family Court of Australia considered a dispute between a husband and wife concerning the parenting arrangements for their two young children. The husband sought to increase his overnight time with the children to four nights per fortnight, while the wife proposed three nights per fortnight and also sought for the older child to undergo counselling with a psychologist.
The court was required to determine the appropriate spend time arrangements for the children, specifically addressing the quantum of overnight time the husband should have, and whether psychological intervention was necessary for the older child. The paramount consideration for the court was the best interests of the children.
McEvoy J's decision was informed by a Family Report which supported an increase in the husband's overnight time to four nights per fortnight to foster a meaningful relationship between the children and their father. The report did not recommend psychological intervention for the older child. Applying the principles of the best interests of the child, the court ordered an immediate increase in overnight time with the husband to three nights per fortnight, with a further increase to four nights per fortnight to take effect after six weeks. The wife's application for counselling was dismissed.
The court was required to determine the appropriate spend time arrangements for the children, specifically addressing the quantum of overnight time the husband should have, and whether psychological intervention was necessary for the older child. The paramount consideration for the court was the best interests of the children.
McEvoy J's decision was informed by a Family Report which supported an increase in the husband's overnight time to four nights per fortnight to foster a meaningful relationship between the children and their father. The report did not recommend psychological intervention for the older child. Applying the principles of the best interests of the child, the court ordered an immediate increase in overnight time with the husband to three nights per fortnight, with a further increase to four nights per fortnight to take effect after six weeks. The wife's application for counselling was dismissed.
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Family Law
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Citations
MENUHIN & MENUHIN [2020] FamCA 349
Most Recent Citation
Balson & Sandberg [2023] FedCFamC2F 390
Cases Cited
0
Statutory Material Cited
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