Mickelson & Mickelson

This case concerned parenting orders made by Judge Terry in the Federal Circuit and Family Court of Australia. The parties were Ms Mickelson (the mother) and Mr Mickelson (the father), who had four children: W (aged 11), X (aged 8), Y (aged 6), and Z (aged 4). The dispute centred on the living arrangements and time spent between the children and each parent, with allegations of parental alienation by the father and concerns about the impact of his behaviour on the children's relationships.

The court was required to determine the best interests of the children, specifically addressing the living arrangements for each child, the extent of time the children should spend with each parent, and the allocation of parental responsibility. Key issues included the father's alleged alienation of the eldest child, W, from the mother, and the risk that the mother's relationship with the younger children could be jeopardised if they continued to spend extensive time with the father. The court also considered the Independent Children's Lawyer's proposal for continued separation of the children and the suitability of family therapy.

Judge Terry reasoned that the father's behaviour had systematically undermined the children's trust in the mother, leading to their reluctance to spend time with her. The court found that ordering the younger children to live with the father would likely result in the cessation of their relationship with the mother, and that it was too soon to abandon the prospect of W maintaining a relationship with her mother. While acknowledging the risk of orders for W to live with the mother not being effective, the court concluded that orders for the children to live with the mother, with a moratorium on time with the father followed by reduced contact, were in the children's best interests. The court also determined that family therapy was not appropriate given the father's attitude.

Consequently, the court ordered that the mother have sole parental responsibility for all four children. For an initial three-month period, the children were to live with the mother and have no contact with the father. Following this period, a structured schedule for the children to spend time with the father was established, along with injunctions to protect the children and facilitate changeovers, and orders preventing denigration of either parent and the administration of corporal punishment.