Every and McNaught
Case
•
[2014] FamCA 977
•17 January 2014
Details
AGLC
Case
Decision Date
Every and McNaught [2014] FamCA 977
[2014] FamCA 977
17 January 2014
CaseChat Overview and Summary
The matter before Johns J concerned parenting orders for two children, B and C. The dispute involved the father seeking sole parental responsibility and specific arrangements for the children's living arrangements, time with the mother, schooling, and medical care. The mother also sought input into these decisions.
The court was required to determine the terms of parenting orders that would best serve the children's welfare. Key issues included the allocation of parental responsibility, the nature and extent of the children's time with each parent, the mother's engagement with drug screening, and the children's schooling and medical management. The court also had to consider the mother's access to information regarding the children's health and her ability to communicate with them.
The court made orders by consent, reflecting an agreement between the parties. The father was granted sole parental responsibility, with the children to live with him. The mother was to have supervised time with the children, commencing with supervised contact and progressing to unsupervised time, contingent on successful completion of urine drug screens. Specific provisions were made for communication, including telephone contact and notification regarding schooling and medical decisions. The father was to ensure the children remained under paediatrician care, and the children were to attend a specific school. The mother was restrained from attending the children's school without invitation and from consuming illicit substances prior to and during contact. Both parents were ordered to withdraw intervention order proceedings and keep each other informed of contact details. The court also made provisions for the Independent Children's Lawyer and the explanation of the orders to the children.
The court was required to determine the terms of parenting orders that would best serve the children's welfare. Key issues included the allocation of parental responsibility, the nature and extent of the children's time with each parent, the mother's engagement with drug screening, and the children's schooling and medical management. The court also had to consider the mother's access to information regarding the children's health and her ability to communicate with them.
The court made orders by consent, reflecting an agreement between the parties. The father was granted sole parental responsibility, with the children to live with him. The mother was to have supervised time with the children, commencing with supervised contact and progressing to unsupervised time, contingent on successful completion of urine drug screens. Specific provisions were made for communication, including telephone contact and notification regarding schooling and medical decisions. The father was to ensure the children remained under paediatrician care, and the children were to attend a specific school. The mother was restrained from attending the children's school without invitation and from consuming illicit substances prior to and during contact. Both parents were ordered to withdraw intervention order proceedings and keep each other informed of contact details. The court also made provisions for the Independent Children's Lawyer and the explanation of the orders to the children.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Consent
-
Jurisdiction
-
Procedural Fairness
-
Remedies
-
Standing
-
Costs
Actions
Download as PDF
Download as Word Document
Citations
Every and McNaught [2014] FamCA 977
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0