Fort & Fort

In the matter of Fort and Fort, the Federal Circuit and Family Court of Australia (Division 1) was presented with an interlocutory application concerning the parenting arrangements of two children. The father sought an increase in his time with the children and the removal of an interlock device installed on his vehicle. The mother opposed these requests, citing concerns about the father's alcohol consumption and its potential harm to the children. The court had to determine whether the existing protective measures, which included alcohol breath testing, should be maintained. Given the interlocutory nature of the proceedings and the lack of tested evidence, the court decided to uphold the existing protective measures. The father's time with the children would remain as previously ordered, and the same report writer who prepared the previous report would prepare an updated report.

The primary legal issue before the court was whether the existing protective measures concerning the father's alcohol use should be altered despite the father's requests. The court considered the mother's concerns about the father's alcohol consumption and the associated risk to the children, the inconsistency in the father's CDT testing and breath test results, and the lack of tested evidence in the interlocutory context. The court reasoned that given the significant lack of trust between the parties and the mother's assertions regarding the risk of harm, it was appropriate to continue the protective measures already in place. The father's requests for an increase in his time with the children and the removal of the interlock device were not granted, and the court directed that an updated psychiatric assessment of the father and a Family Assessment Report be prepared. The court also dismissed all extant interlocutory parenting applications save for the arrangements pertaining to the children's time with the father during the school holidays in 2025.