Mowery & Anor and Mylin & Anor

Case

[2015] FamCA 1067

2 December 2015


Details
AGLC Case Decision Date
Mowery & Anor and Mylin & Anor [2015] FamCA 1067 [2015] FamCA 1067 2 December 2015

CaseChat Overview and Summary

In the matter of *Mowery & Anor and Mylin & Anor*, Rees J considered an application for interim orders concerning the time spent by Mr Mylin and Mr Pierce with the children, B and C, and the parents' obligation to facilitate contact. The dispute centred on the terms and conditions under which Mr Mylin and Mr Pierce would be able to spend time with the children, and the nature of communication between the children and Mr Munro and Mr Pierce.

The court was required to determine whether to grant the interim orders sought by Mr Mylin and Mr Pierce, and if so, on what terms. This involved considering the practical arrangements for the children's time with Mr Mylin and Mr Pierce, including the duration, frequency, and location of such time, as well as the method of collection and return of the children. Furthermore, the court had to address the requirement for the parents to facilitate regular Skype contact between the children and Mr Munro and Mr Pierce.

Rees J dismissed the application for interim orders as filed by Mr Mylin and Mr Pierce. Instead, the court made orders that, in the event of Mr Mylin and Mr Pierce travelling to Western Australia and providing at least 14 days' notice to the parents, they would be permitted to spend time with the children. The specific arrangements for this time were detailed, including weekend periods, Christmas and Boxing Day contact, and the requirement for children to be collected from and returned to their home. The court also ordered that the parents facilitate weekly Skype contact between the children and Mr Munro and Mr Pierce.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Injunction

  • Remedies

  • Procedural Fairness

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