DANWELL & MARTENS

Case

[2018] FCCA 2609

11 September 2018


Details
AGLC Case Decision Date
Danwell and Martens [2018] FCCA 2609 [2018] FCCA 2609 11 September 2018

CaseChat Overview and Summary

In the matter of *Danwell & Martens*, heard before Her Honour Judge C E Kirton QC, the dispute concerned interim parenting orders. The applicant sought an increase in the father's time with the eldest child, with the court considering recommendations from a Family Consultant, the views of the child, and the overarching principle of the children's best interests.

The court was required to determine the appropriate interim parenting arrangements for the children, [X] and [Y], including the division of time between the parents, the necessity for psychological or counselling interventions for the children, and the preparation of a Family Report to inform the final hearing. Key legal issues involved the application of sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975* (Cth) in assessing the children's best interests and the allocation of parental responsibility.

Her Honour made interim orders reflecting a shared parental responsibility arrangement. The children were to live with the applicant during school terms on a rotating weekly basis, with specific days for each parent. The orders also mandated that the children attend upon a psychologist or child counsellor, with directions for the preparation of a Family Report by a Family Consultant to address the children's views, relevant statutory factors, and the likely effect of proposed orders. Further orders detailed arrangements for school holidays, special days, communication between parents, changeovers, and the exchange of information regarding the children's schooling and health. The court also directed psychiatric assessments for the parties and supervised drug testing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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