Michel and Simon

Case

[2014] FCCA 2566

14 November 2014


Details
AGLC Case Decision Date
Michel and Simon [2014] FCCA 2566 [2014] FCCA 2566 14 November 2014

CaseChat Overview and Summary

This matter concerned an appeal before Judge McGuire concerning parenting orders for three children. The dispute revolved around the father's time with the children, specifically challenging an existing order and seeking to vary the arrangements for their time with each parent.

The primary legal issue before the court was whether the existing parenting orders, made by Federal Magistrate Burchardt, were in the best interests of the children and should be varied. This involved a reconsideration of the time the children would spend with each parent, particularly in relation to the father's weekend contact and holiday arrangements.

Judge McGuire discharged an earlier order and substituted new arrangements. The court ordered that the children would spend time with the father on alternate weekends, from Friday evening to Monday morning, on a 26-fortnightly yearly regime. This arrangement was to be suspended during school holidays but would recommence afterwards, continuing on a 26-fortnightly calendar basis each year. Additionally, by consent, specific arrangements were made for Christmas in even-numbered years, with the mother having the children from Christmas Eve afternoon until Boxing Day morning, and the father having them from Boxing Day morning until the evening of Boxing Day.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

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