Minjarez and Minjarez

The parties in this matter were the mother and father of two children. The dispute concerned the allocation of time between the parents and the children, specifically regarding Christmas Day and Boxing Day. The application was heard by Rees J in the Family Court of Australia.

The primary legal issue before the court was whether to amend existing orders pursuant to the slip rule to include a specific provision for the children to spend time with their mother on Christmas Day and Boxing Day in odd-numbered years. This involved considering the court's power to correct errors in its orders and the best interests of the children in relation to parental time.

Rees J applied the slip rule, which allows a court to correct clerical mistakes or errors arising from an accidental slip or omission in its judgments or orders. The judge determined that the omission of a specific provision for the mother to spend time with the children on Christmas Day and Boxing Day in odd-numbered years was an accidental oversight. The court reasoned that incorporating this provision would provide clarity and certainty for the family regarding this significant period.

The court ordered that the previous orders of 24 July 2015 be amended by adding a new order, 24A. This new order stipulated that, notwithstanding any other provision, the children would spend time with the mother from 11 am on Christmas Day until 5 pm on Boxing Day in odd-numbered years, commencing in 2017.