Appleby & Appleby

Case

[2015] FamCA 138

17 February 2015


Details
AGLC Case Decision Date
Appleby & Appleby [2015] FamCA 138 [2015] FamCA 138 17 February 2015

CaseChat Overview and Summary

In the matter of Appleby & Appleby, Hannam J of the Family Court of Australia considered an application concerning the living arrangements and time spent with children. The dispute involved the parents' arrangements for their children, with specific attention to the children's schooling and the father's time with them.

The court was required to determine the primary residence of the children, the immediate educational arrangements for them, and the conditions under which the father would have time with the children. Further issues included the father's cannabis use and its implications for his time with the children, as well as the participation of both parents and children in mandated programs.

Hannam J ordered that the children live with the mother in Sydney and be immediately re-enrolled in Suburb B Primary school. The father's application regarding his time with the children was adjourned, pending a Children’s and Parents Issues Assessment by a Family Consultant. The father was ordered to undergo urinalysis testing for cannabis use within 24 hours of notification by the Independent Children’s Lawyer, with the costs of such testing to be borne by him. The court also mandated that both parents and children participate in the Child Responsive Program and attend all meetings as directed by the Family Consultant.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

4

Appleby and Appleby [2016] FamCA 36
BIRCHLER & MANIKAS [2015] FamCA 986
Cases Cited

3

Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346
George & George [2013] FamCAFC 182
Deiter & Deiter [2011] FamCAFC 82