Milavic and Banks

Case

[2016] FamCA 352

16 May 2016


Details
AGLC Case Decision Date
Milavic and Banks [2016] FamCA 352 [2016] FamCA 352 16 May 2016

CaseChat Overview and Summary

In *Milavic and Banks*, heard before Macmillan J, the dispute concerned the father's application for interim parenting orders for the parties' two children, B and C, during the June/July 2016 school holidays. The mother opposed the father's application.

The primary legal issue before the court was whether to grant the father's application for specific periods of time with the children during the upcoming school holidays, and consequently, whether to suspend certain existing parenting orders to facilitate this. The court also considered the father's broader oral application for holiday time during the June/July 2016 school holidays.

Macmillan J reasoned that it was in the children's best interests to spend time with their father during the specified periods of the school holidays. The court made orders suspending certain paragraphs of existing orders made on 6 September 2013, to allow for this interim time. The father's oral application for holiday time during the June/July 2016 school holidays was otherwise dismissed and removed from the list of cases awaiting hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Remedies

  • Stay of Proceedings

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36
Goode & Goode [2006] FamCA 1346