VELDERMAN & VELDERMAN (No.2)

Case

[2020] FCCA 1015

13 May 2020


Details
AGLC Case Decision Date
VELDERMAN & VELDERMAN (No.2) [2020] FCCA 1015 [2020] FCCA 1015 13 May 2020

CaseChat Overview and Summary

In the matter of *Velderman & Velderman (No.2)*, Judge Morley of the Family Court of Australia considered applications by both the mother and father for interim parenting orders. These applications arose in the context of previous contravention proceedings where the mother had been found guilty of contravening primary orders without reasonable excuse. The primary orders concerned the location of changeovers and mandated that the parties conduct these changeovers themselves.

The court was required to determine whether to vary the existing primary parenting orders on an interim basis, including the location of changeovers and the time the children would spend with each parent. The father also sought to vary the primary orders to include an additional night with the children.

Judge Morley made interim orders varying the primary orders. Specifically, the court vacated the previous order regarding changeovers and substituted it with a new arrangement requiring changeovers to occur at a specific supermarket entrance, unless occurring at school. The children were ordered to live with the mother, and the father was granted time with the children on a fortnightly basis, with detailed provisions for school term time commencing from early February 2020.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Charge

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

VELDERMAN & VELDERMAN [2020] FCCA 85
Franklyn & Franklyn [2019] FamCAFC 256
Hazan & Elias [2011] FamCA 376