Millson and Halbert (No. 2)

Case

[2019] FamCA 869

27 November 2019


Details
AGLC Case Decision Date
Millson and Halbert (No. 2) [2019] FamCA 869 [2019] FamCA 869 27 November 2019

CaseChat Overview and Summary

This matter concerned parenting orders made by Justice Harper in relation to two children, Y (aged 13) and X (aged 7). The dispute involved the father and mother of the children, with the Independent Children's Lawyer also playing a significant role. The court was required to determine the future parental responsibility, residence, and time arrangements for the children, as well as the mother's engagement with therapeutic and psychiatric support.

The court was tasked with determining the extent of parental responsibility for major long-term issues, the children's residence, and the specific arrangements for the mother's time with the children, which was initially suspended. Key legal issues included the mother's compliance with psychiatric treatment recommendations and the phased reintroduction of supervised and then unsupervised time with the children. The court also considered the need for therapeutic intervention for the children and family, and the mother's obligations to engage with health professionals.

Justice Harper ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility for major long-term issues, with a requirement to notify and consider the mother's written response before making decisions. The children were ordered to live with the father. The mother was directed to attend psychiatric assessment and follow all recommendations, with her time with the children suspended for three months. The reintroduction of time was contingent on psychiatric reports demonstrating her compliance, progressing from supervised to unsupervised contact over time. The court also mandated therapeutic counselling for the children and family therapy, with specific provisions for the sharing of relevant reports and documents with professionals involved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

2

Millson & Halbert [2021] FamCA 352
Millson & Halbert [2021] FedCFamC1F 94
Cases Cited

18

Statutory Material Cited

2

Millson and Halbert [2019] FamCA 429
Carlson & Fluvium [2012] FamCA 32
Marvel & Marvel [2010] FamCAFC 101