Briggs and Gerber

Case

[2017] FamCA 1126

4 December 2017


Details
AGLC Case Decision Date
Briggs and Gerber [2017] FamCA 1126 [2017] FamCA 1126 4 December 2017

CaseChat Overview and Summary

In the matter of *Briggs and Gerber*, heard before Thornton J, the dispute concerned parenting arrangements for the children, B and C. The proceedings involved an application by the mother and a response by the father, with the Independent Children's Lawyer also playing a role.

The central legal issue before the court was the determination of appropriate time spent between the children and their father, particularly in light of concerns regarding drug use. This required the court to consider the welfare and best interests of the children in establishing interim parenting orders and the conditions under which contact should occur.

Thornton J ordered that a supervised hair follicle test for illegal drugs be undertaken by the father, at his expense, with a laboratory approved by the Independent Children’s Lawyer. The father was required to provide at least three centimetres of hair and supply the results to the Independent Children’s Lawyer and the mother’s solicitor. The court stipulated that if the test results were negative, the children would spend time with the father on alternate Sundays between 9 am and 5 pm. The mother's application and the father's response were otherwise dismissed, with directions for trial to proceed as previously made.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Denison & Ravenscroft [2021] FCCA 1490
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