Cooley and Black

[2017] FCCA 2946

FEDERAL CIRCUIT COURT OF AUSTRALIA

COOLEY & BLACK [2017] FCCA 2946

Catchwords:
FAMILY LAW – Parenting – alcoholism – father sober since late 2015 – overnight time – approved, subject to father obtaining assistance for his addictive personality – interim orders made.

Legislation:

Family Law Act 1975 (Cth), s.60CC(3)

Applicant: MR COOLEY

Respondent: MS BLACK

File Number: MLC 10022 of 2015

Judgment of: Judge Wilson

Hearing dates: 2 & 3 October 2017

Date of Last Submission: 3 October 2017

Delivered at: Melbourne

Delivered on: 29 November 2017

REPRESENTATION

Counsel for the Applicant: Mr M. Duckett

Counsel for the Respondent: Ms C. Jenkins

Solicitors for the Respondent: Carew Counsel Solicitors

ORDERS

1. The proceeding is fixed for mention at 10.15 a.m. on 24 August 2018.

2. The parties have equal shared parental responsibility for the children X born (omitted) 2007 and Y born (omitted) 2009 (“the children”).

3. The children live with the mother.

4. The children spend time and communicate with the father as follows –

   (a)for a period of four consecutive nights commencing from 30 November 2017 and each alternate Thursday thereafter;

   (b)by telephone as agreed between the parties.

5. The father forthwith seek professional assistance to deal with his alcoholism and addictive personality disorder.

6. Within 90 days of the date of these orders, the father secure tenancy of long-term accommodation within close proximity to the mother’s residence, such accommodation to have proper, separate bedrooms for the children.

7. During any time the children are in the care of the father, the father is restrained from –

   (a)consuming any alcohol;

   (b)smoking, injecting or otherwise ingesting any form of narcotics, barbiturates or other drugs save for over-the-counter pharmaceuticals; and

   (c)discussing with the children any aspect of the matrimonial dispute, including these court proceedings, that exists between the mother and father.

8. Until further order the father undertake supervised drug and alcohol screen testing (“the testing”) and for that purpose –

   (a)the testing occur at a pathology centre or other appropriate place;

   (b)the testing occur randomly, once in every fortnight period, within 24 hours of the mother’s solicitors making a request for the testing to occur;

   (c)the results of the testing on each occasion be forwarded as soon as possible to the mother’s solicitor; and

   (d)the costs of the testing be borne by the father.

9. By no later than 4.00 p.m. on 17 August 2018, each party file and serve any affidavits upon which they seek to rely at the mention.

10. There is liberty to apply.

IT IS NOTED that publication of this judgment under the pseudonym Cooley & Black is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 10022 of 2015

MR COOLEY

Applicant

And

MS BLACK

Respondent

REASONS FOR JUDGMENT

Introduction

1. On his own admission, the applicant father Ms Cooley is a recovering alcoholic who said he has been sober since the end of 2015. He contended in this case that he was entitled to orders conferring upon him overnight time with his son…