DATES & HEW

Case

[2014] FamCA 834

2 October 2014


Details
AGLC Case Decision Date
DATES & HEW [2014] FamCA 834 [2014] FamCA 834 2 October 2014

CaseChat Overview and Summary

The case of DATES & HEW concerned parenting orders for two children, H and B. The dispute involved the arrangements for the children's living situation and time spent with each parent. The matter was heard by Rees J.

The court was required to determine the primary residence of the children, the specific arrangements for the mother's time with them, and the conditions to be attached to that time. Further issues included the method of handover between parents, restrictions on parental conduct in the children's presence, and the requirement for the mother to undergo drug testing.

Rees J made orders that pending further order, the children would live with the father. The mother was granted specific periods of time with the children, including weekly overnight stays and Thursday day time contact, as well as time on Christmas Day. These periods were made conditional upon the children staying at the maternal grandparents' home and the mother abstaining from alcohol for a specified period. The court also imposed orders restraining both parents from making derogatory remarks about each other in the children's presence and from discussing the proceedings or parenting matters with the children. The mother was further ordered to submit to supervised urine analysis upon request by the Independent Children's Lawyer, with specific procedures and reporting requirements. The orders also provided for the relisting of the matter in the event of a positive drug test.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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