Mickelson and Mickelson

Case

[2017] FamCA 780

22 September 2017


Details
AGLC Case Decision Date
Mickelson and Mickelson [2017] FamCA 780 [2017] FamCA 780 22 September 2017

CaseChat Overview and Summary

In the matter of *Mickelson and Mickelson*, Hogan J of the Family Court of Australia made orders concerning the time the children B and C would spend with their father. The dispute arose from the mother's contravention of a previous court order regarding the children's time with the father, which occurred on several occasions in March and April 2017.

The court was required to determine how to compensate the father for the time he lost with the children due to the mother's contraventions and to vary the existing parenting orders to reflect a new arrangement for the children's time with the father. Additionally, the court considered orders relating to the father's overnight stays with the children, the location of changeovers, and restrictions on the mother taking the children to see a psychologist.

Hogan J applied sections 70NEB(1)(b), 70NBA(1)(a) and (1)(b)(ii), 65DA(2), and 62B of the *Family Law Act 1975* (Cth). The court ordered specific periods of time for the children to spend with the father as compensation for the lost time. Furthermore, the existing orders were varied to establish a new schedule for the children's time with the father, including contact at a specific centre and alternate weekends. The court also made orders restraining the father from sleeping overnight in the same residence as the children, specifying changeover locations, and placing injunctions on the mother regarding the children's attendance at psychological or therapeutic appointments without prior agreement. Leave was also granted for the father's legal representatives and the mother to inspect certain police documents.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Costs

  • Jurisdiction

  • Appeal

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346