Riemann and Riemann
Case
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[2016] FamCA 222
•8 April 2016
Details
AGLC
Case
Decision Date
Riemann and Riemann [2016] FamCA 222
[2016] FamCA 222
8 April 2016
CaseChat Overview and Summary
In Riemann and Riemann, McClelland J of the Supreme Court of New South Wales made orders concerning the time the father would spend with the parties' three children. The dispute concerned the arrangements for the children's time with their father, which had been subject to previous court orders.
The court was required to determine the specific terms of the father's time with the children, including the duration, frequency, and location of these periods, and how these arrangements would operate both immediately and in the longer term. The court also had to consider the suspension of prior orders to the extent they conflicted with the new arrangements.
McClelland J applied principles relating to the best interests of the children in determining the parenting arrangements. The court's reasoning led to a phased approach to the father's time with the children. Initially, for a period of four weeks, the father was to spend time with the children each Sunday afternoon at the mother's home, with the mother vacating the premises, and each Wednesday afternoon, involving school collection, tennis, and dinner before returning the children. Following this initial period, the arrangements were to transition to a three-week cycle, with weekday afternoons and specific Sundays, before a further shift to alternate Sundays and weekday afternoons.
The court ordered that the previous orders of 30 July 2015, 14 September 2015, and 22 October 2015 be suspended to the extent they conflicted with the new orders. The father was granted specific periods of time with the children, as detailed in the orders, with provisions for agreement between the parties and default arrangements if no agreement was reached.
The court was required to determine the specific terms of the father's time with the children, including the duration, frequency, and location of these periods, and how these arrangements would operate both immediately and in the longer term. The court also had to consider the suspension of prior orders to the extent they conflicted with the new arrangements.
McClelland J applied principles relating to the best interests of the children in determining the parenting arrangements. The court's reasoning led to a phased approach to the father's time with the children. Initially, for a period of four weeks, the father was to spend time with the children each Sunday afternoon at the mother's home, with the mother vacating the premises, and each Wednesday afternoon, involving school collection, tennis, and dinner before returning the children. Following this initial period, the arrangements were to transition to a three-week cycle, with weekday afternoons and specific Sundays, before a further shift to alternate Sundays and weekday afternoons.
The court ordered that the previous orders of 30 July 2015, 14 September 2015, and 22 October 2015 be suspended to the extent they conflicted with the new orders. The father was granted specific periods of time with the children, as detailed in the orders, with provisions for agreement between the parties and default arrangements if no agreement was reached.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Citations
Riemann and Riemann [2016] FamCA 222
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
3
Acton & Burton
[2015] FamCA 469
Iphostrou & Iphostrou and Ors
[2011] FamCA 20