Seiler and Vogler (No 2)

Case

[2014] FamCA 1092

5 December 2014


Details
AGLC Case Decision Date
Seiler and Vogler (No 2) [2014] FamCA 1092 [2014] FamCA 1092 5 December 2014

CaseChat Overview and Summary

In the matter of *Seiler and Vogler (No 2)*, Berman J of the Federal Circuit Court of Australia made orders concerning the time spent by the children J and L with their mother, and related matters. The dispute centred on arrangements for the children's time with each parent, including specific periods and handover protocols, as well as the children's engagement with psychological services.

The court was required to determine the specific arrangements for the children's time with the mother, including the frequency and duration of weekend contact, Christmas arrangements, and a variation to the weekend schedule for January 2015. Furthermore, the court had to establish the method and location for the handover of the children between the parents. A key issue was also the children's ongoing consultation with a specific psychologist and whether either parent should be restrained from unilaterally engaging other professionals for the children's therapeutic support.

Berman J ordered that the children spend time with the mother on alternate weekends from Saturday morning to Sunday afternoon, with specific provisions for Christmas 2014 and a modified schedule for January 2015. The court also stipulated that the mother would collect the children from J's sports matches or a designated restaurant at the commencement of her time, and the father would collect them from the mother's home at the conclusion of her time. The orders mandated that the children continue to consult with Ms C of O Psychology as recommended, and granted an injunction restraining both parents from taking the children to any other psychologist, counsellor, or therapist without the agreement of both parties. The interim proceedings were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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