Michaels and Michaels

Case

[2008] FamCA 69

18 January 2008


Details
AGLC Case Decision Date
Michaels and Michaels [2008] FamCA 69 [2008] FamCA 69 18 January 2008

CaseChat Overview and Summary

In *Michaels and Michaels*, Barry J of the Family Court of Australia made orders concerning the living arrangements and time spent with two sons, born in 1998 and 1999, between their parents. The dispute centred on the arrangements for the children's care and welfare.

The court was required to determine the primary residence of the children, the allocation of long-term and short-term responsibilities for their care, welfare, and development, and the specific arrangements for the father's time with the children, including weekends, public holidays, school holidays, and communication. The court also considered the role of the Independent Children's Lawyer and the need for a psychiatric assessment.

Barry J ordered that the children live with the Mother and that she have sole responsibility for their long-term care, welfare, and development. The parties were to share short-term responsibility when the children were in their respective care. Specific provisions were made for the Father's time with the children, including alternate weekends, alternating halves of school holidays, and scheduled telephone communication. Leave was granted for the Independent Children's Lawyer to relist the matter after a psychiatric assessment. The orders also included information regarding obligations, consequences of contravention, and support services, pursuant to sections 62B and 65DA(2) of the relevant legislation.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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