WINTERS & MCGUIGAN

Case

[2016] FamCA 421

1 June 2016


Details
AGLC Case Decision Date
WINTERS & MCGUIGAN [2016] FamCA 421 [2016] FamCA 421 1 June 2016

CaseChat Overview and Summary

The proceedings before Rees J concerned the parenting arrangements for two children, D (born 2008) and C (born 2004). The dispute centred on the children's living arrangements, parental responsibility, and the nature and extent of contact between the children and their mother. The court was required to make orders regarding these matters, including provisions for therapy and supervised contact.

The court was tasked with determining the primary residence of the children, the allocation of parental responsibility, and the specific terms of the children's time with each parent. Key issues included the duration of sole parental responsibility for the father, the transition to equal shared parental responsibility, and the conditions under which the mother could have contact with the children, including the role of a therapist, Mr E. The court also had to address the financial responsibility for the children's therapy and the communication of court orders and reports to relevant parties.

Rees J made orders that the children would live with the father. Initially, until 31 May 2017, the father was to have sole parental responsibility, with an obligation to keep the mother informed of the children's progress and significant welfare decisions. From 1 June 2017, parental responsibility was to be shared equally. The orders stipulated that the mother would facilitate the children's attendance at therapy with Mr E, and the father would arrange for their continued engagement in this therapy. The mother was significantly restrained from approaching, contacting, or communicating with the children until 31 May 2017, with limited exceptions for sending cards and presents. Supervised contact with the mother was to commence in December 2016 and gradually increase in duration and freedom over subsequent periods, culminating in alternate weekend and holiday time from December 2018. The costs of therapy were to be paid from a joint term deposit account until property settlement, after which the father would be solely responsible. The court also ordered that copies of the reasons and relevant reports be provided to Mr E and any therapist the mother attended, and to the principal of the children's school.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Injunction

  • Costs

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