Crawford and Dean
Case
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[2012] FamCA 107
•8 March 2012
Details
AGLC
Case
Decision Date
Crawford and Dean [2012] FamCA 107
[2012] FamCA 107
8 March 2012
CaseChat Overview and Summary
This matter concerned orders made by Austin J regarding the time spent between the father and his two children, J and B. The dispute involved the terms and conditions under which the father would have contact with the children, including provisions for supervised contact, family therapy, drug screening, and geographical restraints.
The court was required to determine the appropriate arrangements for the children's time with the father, balancing the father's right to spend time with his children against the need to ensure the children's safety and well-being. Key issues included the level and duration of supervision for contact, the father's compliance with drug testing, the father's proximity to the mother and the children's schools, and the requirement for family therapy.
Austin J ordered a phased approach to the father's contact with the children, commencing with supervised contact for limited durations and gradually increasing the time and reducing supervision over a period of 12 months, subject to the father's compliance with various conditions. These conditions included registration and compliance with the directions of a children's contact centre, participation in family therapy with the children at his own expense, and submission to urinalysis drug screening. The father was also restrained from consuming alcohol during contact periods and from approaching within 100 metres of the mother's residence or the children's schools. The court also made orders restraining both parties from denigrating each other in the presence of the children and requiring notification of medical emergencies. The Independent Children's Lawyer was directed to arrange for family therapy and was discharged upon completion of these arrangements or the expiry of the appeal period.
The court was required to determine the appropriate arrangements for the children's time with the father, balancing the father's right to spend time with his children against the need to ensure the children's safety and well-being. Key issues included the level and duration of supervision for contact, the father's compliance with drug testing, the father's proximity to the mother and the children's schools, and the requirement for family therapy.
Austin J ordered a phased approach to the father's contact with the children, commencing with supervised contact for limited durations and gradually increasing the time and reducing supervision over a period of 12 months, subject to the father's compliance with various conditions. These conditions included registration and compliance with the directions of a children's contact centre, participation in family therapy with the children at his own expense, and submission to urinalysis drug screening. The father was also restrained from consuming alcohol during contact periods and from approaching within 100 metres of the mother's residence or the children's schools. The court also made orders restraining both parties from denigrating each other in the presence of the children and requiring notification of medical emergencies. The Independent Children's Lawyer was directed to arrange for family therapy and was discharged upon completion of these arrangements or the expiry of the appeal period.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Natural Justice
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Procedural Fairness
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Remedies
Actions
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Citations
Crawford and Dean [2012] FamCA 107
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
1
Dean and Crawford
[2008] FamCA 848
SPS & PLS
[2008] FamCAFC 16
Gotch & Gotch
[2009] FamCAFC 3