BEEN & BEEN

Case

[2020] FamCA 698

10 August 2020


Details
AGLC Case Decision Date
BEEN & BEEN [2020] FamCA 698 [2020] FamCA 698 10 August 2020

CaseChat Overview and Summary

Harper J made orders concerning the parental responsibility and time spent with two children, X and Y, between their father and mother. The dispute centred on the arrangements for the children's care and the mother's access, particularly in light of concerns regarding her alcohol use.

The court was required to determine the most appropriate orders for parental responsibility, the children's living arrangements, and the specific terms of the mother's time with the children. Key issues included the extent to which the mother should be involved in long-term decision-making, the conditions under which she could spend time with the children, and the measures necessary to ensure the children's safety and well-being, specifically in relation to the mother's alcohol consumption.

Harper J ordered that the father have sole parental responsibility for the children, with the mother to be informed of major long-term decisions within seven days. The children were to live with the father. The mother's time with the children was significantly restricted and conditional upon her providing evidence of no excessive alcohol use through urine, blood, and CDT tests. These conditions included abstaining from alcohol for 24 hours prior to and during her time with the children, and continuing full treatment for alcohol abuse, including regular reporting to the father by her medical practitioners and submission to supervised testing. The court also ordered that the mother be restrained from consuming alcohol during her time with the children and telephone communications. The orders were accompanied by a Fact Sheet detailing contravention consequences and assistance available.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36
Tibb & Sheean [2018] FamCAFC 142