Bulow and Snell (No 2)

Case

[2015] FamCA 670

17 August 2015


Details
AGLC Case Decision Date
Bulow and Snell (No 2) [2015] FamCA 670 [2015] FamCA 670 17 August 2015

CaseChat Overview and Summary

This matter concerned orders made by consent between the mother and father regarding their child, B. The court was presided over by Foster J.

The legal issues before the court involved determining the specific arrangements for the child's living arrangements, time with each parent, and parental responsibility. Additionally, the court was required to address orders concerning the mother's psychological treatment, her engagement with therapeutic services, and the facilitation of information sharing with the independent children's lawyer. The court also considered undertakings and restraints relating to drug and alcohol screening, communication between the parents, and the publication of information concerning the dispute.

Foster J made orders by consent, establishing a shared parental responsibility arrangement for the child B. The orders detailed specific times the child was to live with each parent, including alternate weekends, school holiday periods, and specific arrangements for the Christmas holidays. Further orders mandated the mother's continued consultation with her psychologist and adherence to recommendations, and required her to facilitate the independent children's lawyer obtaining information about her treatment. The mother was also restrained from engaging the child in counselling without consent. Both parents were required to undertake drug screening upon request and were restrained from consuming alcohol while the child was in their care or for 12 hours prior. Finally, the parents were restrained from communicating with each other except in relation to the child or emergencies, and from publishing details of the dispute on social media.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Costs

Actions
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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

BULOW & SNELL [2015] FamCA 326
Deiter & Deiter [2011] FamCAFC 82
Marvel & Marvel [2010] FamCAFC 101