OLAF & MILNE

Case

[2018] FamCA 734

2 August 2018


Details
AGLC Case Decision Date
OLAF & MILNE [2018] FamCA 734 [2018] FamCA 734 2 August 2018

CaseChat Overview and Summary

In the Family Court of Australia, Justice Baumann considered an application by the mother for the children, X and Y, to spend time with the father on alternate weekends. The father was also required to file and serve an amended Initiating Application setting out his final orders, and the mother was to file and serve an amended Response detailing her final orders.

The court was required to determine whether to grant the mother's oral application for the children to spend time with the father. Additionally, the court addressed the need for therapeutic counselling for the children and the process for engaging a counsellor, including the provision of relevant reports. The court also considered the potential need for an updated family report and the funding thereof.

Justice Baumann granted the mother leave to make the oral application but ultimately dismissed it. The court ordered that the parents engage a qualified psychologist for therapeutic counselling for the children, sharing the costs equally. Specific conditions were imposed on the counselling, including restrictions on providing court material to the counsellor and a mechanism for selecting a counsellor if the parents could not agree. The court also directed the parties to file their final orders and adjourned the proceedings for trial directions and a final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36