Seiler and Vogler

Case

[2014] FamCA 395

13 June 2014


Details
AGLC Case Decision Date
Seiler and Vogler [2014] FamCA 395 [2014] FamCA 395 13 June 2014

CaseChat Overview and Summary

In the matter of Seiler and Vogler, Berman J considered an application concerning the welfare and time spent with the children, J and L. The dispute centred on the arrangements for the children to spend time with their mother, following a period where such contact may have been limited or absent, and the associated anxieties for the children.

The court was required to determine the appropriate therapeutic interventions for the children and the parties, the specific terms of supervised and unsupervised time the children would spend with the mother, and the conditions under which future applications for increased time could be made. The court also had to address the communication between the parents regarding the proceedings and the children's involvement in therapy.

Berman J ordered that the parties and the children attend child psychology therapy for a period of four weeks, commencing 16 June 2014. The therapy was to focus on fostering a healthy parent-child relationship with the mother, ameliorating distress related to commencing time with her, and reinforcing with the children their safety and the stability of their care arrangements. The father was directed to facilitate the children's attendance and participation, and was to bear the full cost of the therapist. Following the therapy, the children were to spend time with the mother on Wednesdays after school until 7:30 pm and on alternate Saturdays from 10 am to 5 pm, with the first six occasions to be supervised. The court also granted injunctions restraining both parents from discussing the proceedings with the children, except as directed by the therapist, and from seeking therapy for the children outside of the ordered arrangements without agreement. The mother was granted liberty to apply for an increase in time spent with the children after 20 September 2014.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

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