Donnelly and Collinson
Case
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[2018] FCCA 1774
•2 August 2018
Details
AGLC
Case
Decision Date
Donnelly and Collinson [2018] FCCA 1774
[2018] FCCA 1774
2 August 2018
CaseChat Overview and Summary
In *Donnelly and Collinson*, heard by Judge Altobelli, the dispute concerned the living arrangements and contact arrangements for two children, [X] (born 2012) and [Y] (born 2013), between their parents. The proceedings also addressed various orders designed to ensure the children's welfare and safety, including injunctions and specific testing requirements for the father.
The court was required to determine the primary residence of the children, the nature and conditions of the father's contact with them, and to implement measures to safeguard the children from parental conflict and the father's potential substance and alcohol use. Further issues included the father's compliance with medical testing, the parents' communication protocols, and the involvement of the Independent Children's Lawyer. The court also considered the preparation of a Single Expert Report and the future conduct of the proceedings, including a final hearing.
The court ordered that the children live with the mother and that the father's time with the children be supervised at a contact centre, with the father bearing the associated costs. Injunctions were imposed on both parents restraining them from speaking negatively about each other in the children's presence and from discussing legal proceedings or their relationship in front of the children. The father was also specifically enjoined from taking illicit substances or consuming alcohol while the children were in his care, and for 24 hours prior to contact. The father was further ordered to undergo random Liver Function and CDT testing, with specific protocols for requesting and conducting such tests, and to pay for them. The mother was restrained from arranging counselling for the children without the father's written consent. Both parents were ordered to keep each other informed of significant matters concerning the children's welfare and to communicate via brief, factual SMS messages. The court also mandated participation in a post-separation parenting course and granted leave for the preparation of a Single Expert Report. The matter was adjourned for a final hearing.
The court was required to determine the primary residence of the children, the nature and conditions of the father's contact with them, and to implement measures to safeguard the children from parental conflict and the father's potential substance and alcohol use. Further issues included the father's compliance with medical testing, the parents' communication protocols, and the involvement of the Independent Children's Lawyer. The court also considered the preparation of a Single Expert Report and the future conduct of the proceedings, including a final hearing.
The court ordered that the children live with the mother and that the father's time with the children be supervised at a contact centre, with the father bearing the associated costs. Injunctions were imposed on both parents restraining them from speaking negatively about each other in the children's presence and from discussing legal proceedings or their relationship in front of the children. The father was also specifically enjoined from taking illicit substances or consuming alcohol while the children were in his care, and for 24 hours prior to contact. The father was further ordered to undergo random Liver Function and CDT testing, with specific protocols for requesting and conducting such tests, and to pay for them. The mother was restrained from arranging counselling for the children without the father's written consent. Both parents were ordered to keep each other informed of significant matters concerning the children's welfare and to communicate via brief, factual SMS messages. The court also mandated participation in a post-separation parenting course and granted leave for the preparation of a Single Expert Report. The matter was adjourned for a final hearing.
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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Injunction
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Costs
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Remedies
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Procedural Fairness
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Jurisdiction
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Appeal
Actions
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Citations
Donnelly and Collinson [2018] FCCA 1774
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
MRR v GR
[2010] HCA 4
Goode & Goode
[2006] FamCA 1346
W & W (Abuse allegations: unacceptable risk)
[2005] FamCA 892