Mortensen and Millan
Case
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[2018] FCCA 904
•27 April 2018
Details
AGLC
Case
Decision Date
Mortensen and Millan [2018] FCCA 904
[2018] FCCA 904
27 April 2018
CaseChat Overview and Summary
In the matter of *Mortensen and Millan*, heard by Judge Costigan, the dispute concerned parenting orders for two children, [X] born in 2009 and [Y] born in 2011. The proceedings sought to establish new arrangements for the children's care and contact with their parents.
The court was required to determine the primary caregiver for the children, the extent of the father's time with the children, and the conditions under which such contact would occur. Further issues included the mother's ability to travel internationally with the children, the father's right to receive information regarding the children's schooling and medical care, and prohibitions on the parties' conduct in the children's presence.
Judge Costigan ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility and the children were ordered to live with her. The father was granted specific, limited time with the children, including on the last Saturday of each month, Father's Day, and Christmas Day, with all contact to occur at a supervised venue. The mother was permitted to take the children on holidays abroad with significant notice and itinerary provision to the father, though travel to a specific country was restricted until the younger child turned 12. Both parties were restrained from denigrating each other or discussing parental issues with the children, and the father was prohibited from contact with a Mr E. The father was authorised to receive educational and medical information concerning the children.
The court was required to determine the primary caregiver for the children, the extent of the father's time with the children, and the conditions under which such contact would occur. Further issues included the mother's ability to travel internationally with the children, the father's right to receive information regarding the children's schooling and medical care, and prohibitions on the parties' conduct in the children's presence.
Judge Costigan ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility and the children were ordered to live with her. The father was granted specific, limited time with the children, including on the last Saturday of each month, Father's Day, and Christmas Day, with all contact to occur at a supervised venue. The mother was permitted to take the children on holidays abroad with significant notice and itinerary provision to the father, though travel to a specific country was restricted until the younger child turned 12. Both parties were restrained from denigrating each other or discussing parental issues with the children, and the father was prohibited from contact with a Mr E. The father was authorised to receive educational and medical information concerning the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
Actions
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Citations
Mortensen and Millan [2018] FCCA 904
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
0
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[2001] FamCA 348
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Hungerford & Tank
[2007] FamCA 637