Daniels and Custer

Case

[2009] FamCA 351

16 March 2009


Details
AGLC Case Decision Date
Daniels and Custer [2009] FamCA 351 [2009] FamCA 351 16 March 2009

CaseChat Overview and Summary

This matter concerned an application before Judicial Registrar Loughnan, involving the parties identified as Daniels and Custer. The dispute centred on parenting arrangements for a child born in March 2003, with specific orders made regarding the child's living arrangements and the mother's alcohol consumption.

The court was required to determine interim parenting orders concerning the child's residence with each parent, including during school holidays. Additionally, the court considered the need for the child to be represented and the mother's alcohol consumption in relation to her care of the child.

Judicial Registrar Loughnan made several interim orders, including that the child live with the father on specified weekends and for half of each school holiday period, with the mother to have the child at all other times unless otherwise agreed. The mother was restrained from consuming alcohol during the time the child was with her or for 12 hours prior. The court also ordered that the child be represented, requesting the Legal Aid Commission of NSW to arrange representation, and directed both parties to provide relevant documents to Legal Aid. Further, the court requested the Independent Children's Lawyer to consult with the child's treating specialist. The proceedings were adjourned to a Judicial Registrar's Call-over on 4 May 2009, with directions for parties to file and serve updating affidavits.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Injunction

  • Remedies

  • Discovery

  • Appeal

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