Melanie McIntosh's Children - Private Law (CAP) Cases

Contested non-molestation hearing

Melanie represented the Respondent in a final contested non-molestation hearing under Part 1V of the Family Act 1996 (“the Act”).  She raised the preliminary issue whether the parties were associated persons in terms of the Act. The Court found for Melanie’s client on the preliminary issue, and dismissed the Applicant’s application with costs.

Protecting a child where a new name is needed

Melanie acted for the Applicant in a case involving four applications. Her client sought a Child Arrangements Order with neither direct nor indirect contact with the Respondent, to change the child’s name and surname, to remove the Respondent’s parental responsibility, and a Prohibited Steps Order. Following Melanie’s representation, the Court awarded all the applications, determining Continue reading

Mental health issues in care arrangements

Melanie acted for the Respondent in a two-day contested final Care Arrangement hearing which included mental health issues and an additional specific issue involving expert medical evidence. The case involved Melanie’s expertise in: condensing expert medical evidence and succinctly presenting it to the court dealing with vulnerable witnesses. The Court found in favour of Melanie’s Continue reading

Contested occupation and trust property

Melanie acted for the Respondent in a three-day contested occupation hearing which also involved the issue of trust property and the evidence of several witnesses. This case required Melanie’s expertise in: knowledge of the law cross-examination skills. The Court found in favour of the Melanie’s client in respect of the occupation issue.

Contested final care arrangement

Melanie acted for the Respondent in a complex contested five-day final Care Arrangement hearing which included expert evidence and evidence from a considerable number of other witnesses. This case involved skills in: identifying and focusing on the relevant issues cross examination of the experts and other witnesses. The Court adopted the approach that Melanie put Continue reading