Event and Time
Event Description
- This case involves an appeal in family law regarding interim parenting orders concerning two children, X (born in 2012) and Y (born in 2015), between Mr. and Ms. Velderman.
- The initial orders required the children to live primarily with the mother, with specific visitation arrangements for the father.
- The primary judge issued a ruling that varied these orders on 31 January 2020, but the reasoning for this decision was not delivered until 13 May 2020, resulting in a notable delay.
Application and Claims
- The father filed Contravention Applications alleging that the mother did not adhere to the existing interim parenting orders.
- During hearings held on 15 July 2019 and 6 August 2019, the judge found the mother had contravened the orders on two occasions without reasonable excuse.
- Following this, both parties sought variations to the interim orders, leading to the decision of 31 January 2020.
Judicial Decisions
- On 31 January 2020, the primary judge varied the parenting orders but did not provide immediate reasons for the changes.
- The judge's written reasoning was not provided until 13 May 2020, which raised concerns about procedural fairness.
- The appeal was allowed due to this delay and issues related to the consideration of the Family Report in this context.
Dispute Points and Legal Basis
Dispute Points
- Father's Argument:
- The father proposed that the children continue to spend Thursday night with him in Week 2, increasing his visitation time. - He requested changeover to be executed personally by each parent, opposing the involvement of the maternal grandfather.
- Mother's Argument:
- The mother and the Independent Children’s Lawyer suggested a schedule where the children would spend time with the father from after school on Friday until before school on Monday in Week 2.