Astin and Astin
Case
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[2019] FamCA 648
•12 September 2019
Details
AGLC
Case
Decision Date
Astin and Astin [2019] FamCA 648
[2019] FamCA 648
12 September 2019
CaseChat Overview and Summary
The case of *Astin and Astin* concerned interim orders made by Hannam J regarding the parenting of three children. The dispute involved the living arrangements for the children, their time spent with each parent, and various conditions and restrictions imposed on both parents.
The court was required to determine the appropriate interim orders for the children's residence and time with each parent, considering the need for supervision and specific behavioural requirements. Key issues included the father's contact with the children, the father's consumption of illicit substances and alcohol, the mother's consumption of illicit substances, and the physical discipline of the children. The court also had to consider the father's compliance with drug and alcohol testing, and the participation of both parents in specific programs and therapy.
Hannam J made orders that the children live with the mother and spend time with the father under supervision. The father was ordered to submit to random urinalysis, carbohydrate-deficient transferrin (CDT) testing, and hair drug testing, with the costs to be borne by him. Both parents were restrained from denigrating each other in the presence of the children, consuming illicit substances within specified periods of the children's care, and the father was specifically restrained from consuming alcohol during periods of care and from entering the mother's residence. The father was also ordered to maintain his hair length for testing purposes. Furthermore, both parents were required to enrol in a "Keeping in Contact" program and attend family therapy sessions, with the costs of therapy to be shared equally.
The court was required to determine the appropriate interim orders for the children's residence and time with each parent, considering the need for supervision and specific behavioural requirements. Key issues included the father's contact with the children, the father's consumption of illicit substances and alcohol, the mother's consumption of illicit substances, and the physical discipline of the children. The court also had to consider the father's compliance with drug and alcohol testing, and the participation of both parents in specific programs and therapy.
Hannam J made orders that the children live with the mother and spend time with the father under supervision. The father was ordered to submit to random urinalysis, carbohydrate-deficient transferrin (CDT) testing, and hair drug testing, with the costs to be borne by him. Both parents were restrained from denigrating each other in the presence of the children, consuming illicit substances within specified periods of the children's care, and the father was specifically restrained from consuming alcohol during periods of care and from entering the mother's residence. The father was also ordered to maintain his hair length for testing purposes. Furthermore, both parents were required to enrol in a "Keeping in Contact" program and attend family therapy sessions, with the costs of therapy to be shared equally.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
Astin and Astin [2019] FamCA 648
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
SS & AH
[2010] FamCAFC 13
George & George
[2013] FamCAFC 182
Deiter & Deiter
[2011] FamCAFC 82