Farlow & Madani

Case

[2021] FCCA 781

17 February 2021


Details
AGLC Case Decision Date
Farlow & Madani [2021] FCCA 781 [2021] FCCA 781 17 February 2021

CaseChat Overview and Summary

In the matter of *Farlow & Madani*, heard in the Federal Circuit Court of Australia, the applicant father, Mr Farlow, sought orders concerning his child, X, born in 2010. The respondents included the child's mother, Ms Madani, and the paternal grandparents, Mr B Farlow and Ms Farlow. The dispute involved arrangements for the child's living situation, contact with the father and grandparents, and various therapeutic and investigative processes.

The court was required to determine the interim living arrangements for the child, the extent of face-to-face time and communication between the applicant father and the child, and the need for independent representation for the child. Further issues included the parties' engagement in family therapy, the applicant father's provision of a supervised blood sample for a Carbohydrate Deficient Transferrin test, and the parties' ongoing psychological and family violence support. The court also needed to address the preparation of a Family Report and set a timetable for future court events, including interim and final hearings.

By consent, the court ordered that the child live with the mother until further order, with face-to-face time and communication between the applicant father and the child being reserved. The court also ordered, pursuant to section 68L(2) of the *Family Law Act 1975*, that the child be independently represented by an Independent Children's Lawyer, with Victoria Legal Aid to arrange this representation as soon as possible. The parties were directed to engage in family therapy, with specific provisions for the child's treating psychologist's opinion and the grandparents' involvement. The applicant father was ordered to provide a supervised blood sample and undergo a CDT test, and to continue engaging with his psychologist, with his progress to be monitored by the Independent Children's Lawyer. The respondent mother was directed to ensure the child continued engaging with his psychologist and to engage with a family violence service. The applicant father was also ordered to enrol in and participate in a Men's Behaviour Change Program and a Caring Dads Program. A Family Report was ordered to be prepared by a Family Consultant, addressing matters relevant to sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. The matter was adjourned for an interim defended hearing and a final hearing, with detailed filing and service requirements set for all parties and the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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