CANNING & PENN
Case
•
[2019] FCCA 2583
•13 September 2019
Details
AGLC
Case
Decision Date
Canning and Penn [2019] FCCA 2583
[2019] FCCA 2583
13 September 2019
CaseChat Overview and Summary
In the matter of *Canning & Penn*, heard before Judge Blake, the dispute concerned parenting arrangements for two children, X and Y. The father sought a change of residence for the children, citing concerns about their irregular school attendance when in the mother's care. Both parents had a history of drug abuse and homelessness, and there was prior involvement from the Department of Health and Human Services (DHHS).
The court was required to determine the best interests of the children in light of the parents' circumstances and the father's application for a change of residence. Key issues included assessing the capacity of each parent to provide a stable and safe environment, addressing the children's educational needs, and considering the impact of the parents' past and present challenges on the children's welfare.
Judge Blake ultimately ordered that the children live with the mother and spend time with the father, discharging all extant parenting orders. The court made orders for equal shared parental responsibility and detailed specific arrangements for the children's time with the father, including alternating weekends, half of school holidays, and specific public holidays. The orders also mandated that the mother engage with a support service, required both parents to ensure the children's daily school attendance, and imposed injunctions against drug use while the children are in care, exposing them to illicit substances or family violence, denigrating the other parent, or discussing proceedings in the children's presence. Both parents were also ordered to attend a post-separation parenting program.
The court was required to determine the best interests of the children in light of the parents' circumstances and the father's application for a change of residence. Key issues included assessing the capacity of each parent to provide a stable and safe environment, addressing the children's educational needs, and considering the impact of the parents' past and present challenges on the children's welfare.
Judge Blake ultimately ordered that the children live with the mother and spend time with the father, discharging all extant parenting orders. The court made orders for equal shared parental responsibility and detailed specific arrangements for the children's time with the father, including alternating weekends, half of school holidays, and specific public holidays. The orders also mandated that the mother engage with a support service, required both parents to ensure the children's daily school attendance, and imposed injunctions against drug use while the children are in care, exposing them to illicit substances or family violence, denigrating the other parent, or discussing proceedings in the children's presence. Both parents were also ordered to attend a post-separation parenting program.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Canning and Penn [2019] FCCA 2583
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
2