Millard and Millard (No 2)
Case
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[2018] FamCA 902
•8 November 2018
Details
AGLC
Case
Decision Date
Millard and Millard (No 2) [2018] FamCA 902
[2018] FamCA 902
8 November 2018
CaseChat Overview and Summary
The case of *Millard and Millard (No 2)* concerned an application by the father for interim orders to spend time with his three children, B, C, and D, aged 13 ½, 11, and 6 years respectively. The application was heard by Rees J in the Family Court of Australia.
The primary legal issue before the court was whether to grant the father's application for interim time spent with the children, considering the existing circumstances of the proceedings. The court also had to determine the appropriate means for the father to communicate with the children regarding an expected baby and to send them Christmas and birthday gifts.
Rees J dismissed the father's application for interim time spent with the children. The court reasoned that it was not in the children's best interests to make such orders at that stage of the proceedings. However, the court made specific orders to facilitate limited communication and the exchange of gifts. The father was permitted to send a letter to the Independent Children's Lawyer (ICL) concerning the expected baby, and to send Christmas cards and presents, and birthday cards and presents, to each child via the ICL. The court further ordered that the ICL inform the parents of any decision not to pass on these items and the reasons for it. Additionally, the ICL was directed to arrange a confidential meeting with the children, a Family Consultant, and the Regional Co-ordinator of Children's Dispute Services to explain the proceedings and orders to the children.
The primary legal issue before the court was whether to grant the father's application for interim time spent with the children, considering the existing circumstances of the proceedings. The court also had to determine the appropriate means for the father to communicate with the children regarding an expected baby and to send them Christmas and birthday gifts.
Rees J dismissed the father's application for interim time spent with the children. The court reasoned that it was not in the children's best interests to make such orders at that stage of the proceedings. However, the court made specific orders to facilitate limited communication and the exchange of gifts. The father was permitted to send a letter to the Independent Children's Lawyer (ICL) concerning the expected baby, and to send Christmas cards and presents, and birthday cards and presents, to each child via the ICL. The court further ordered that the ICL inform the parents of any decision not to pass on these items and the reasons for it. Additionally, the ICL was directed to arrange a confidential meeting with the children, a Family Consultant, and the Regional Co-ordinator of Children's Dispute Services to explain the proceedings and orders to the children.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Injunction
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Procedural Fairness
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Remedies
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