Ferguson and Monte

Case

[2014] FCCA 838

10 March 2014


Details
AGLC Case Decision Date
Ferguson and Monte [2014] FCCA 838 [2014] FCCA 838 10 March 2014

CaseChat Overview and Summary

This matter concerned parenting orders for a child, X, born in 2013, between the Applicant Mother and the Respondent Father. The proceedings were before Judge Scarlett.

The court was required to determine the appropriate parenting arrangements for the child, including issues of parental responsibility, the child's living arrangements, and the nature and supervision of the Father's time with the child. Further, the court considered orders relating to the Father's use of prohibited substances and his proximity to the Mother's residence.

The court ordered that the child's interests be independently represented by a lawyer, with Legal Aid New South Wales requested to arrange this. All earlier parenting orders were discharged. The Mother was granted sole parental responsibility, and the child was to live with her. The Father was to spend limited, supervised time with the child each Wednesday, Saturday, and Sunday. This supervision was to be provided by the Father's mother or sister, who were required to collect and return the child and acknowledge their undertaking to supervise. The Father was also enjoined from administering prohibited substances to himself when the child was in his care and for twelve hours prior, and was required to undergo urinalysis upon request by the Independent Children's Lawyer, providing the results promptly. Finally, the Father was restrained from attending within fifty metres of the Mother's residence.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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