Freiberg and Freiberg

Case

[2017] FCCA 3329

8 December 2017


Details
AGLC Case Decision Date
Freiberg and Freiberg [2017] FCCA 3329 [2017] FCCA 3329 8 December 2017

CaseChat Overview and Summary

This matter came before Judge Small concerning parenting arrangements for the child X. The dispute involved the mother's time with the child, including specific conditions and restrictions, and the father's proposed overseas travel with the child. The court also addressed the valuation of a property and the husband's compliance with a Men's Behavioural Change Program.

The court was required to determine the specific terms of the mother's time with the child, including the duration, frequency, and the requirement for supervision by a maternal aunt or the parties' daughter, Y. Additionally, the court had to consider an injunction restraining the mother from consuming alcohol prior to and during her time with the child, and the liberty of the Independent Children's Lawyer to request breathalyzer tests. The court also needed to make orders regarding the father's overseas travel with the child, including provisions for make-up time and an accounting of holiday expenses. Further issues included the provision of medical and psychological reports to health professionals if the mother sought assessment or treatment for alcohol consumption, and the joint valuation of a property.

In its reasoning, the court established a detailed schedule for the mother's contact with the child, commencing with supervised visits and gradually transitioning to unsupervised alternate weekends. An injunction was imposed prohibiting the mother from consuming alcohol for 24 hours before and during her time with the child, with the Independent Children's Lawyer authorised to request up to eight breathalyzer tests. The father was permitted to travel overseas with the child, with conditions for providing an itinerary, arranging make-up time upon return, and submitting a detailed accounting of holiday expenses. The court also ordered the mother to provide specific reports to any health professional she engaged for alcohol-related issues and mandated a joint valuation of the parties' property. The husband was also required to file an affidavit detailing his learnings from a Men's Behavioural Change Program.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Costs

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

KEDVES & SEGAL [2020] FCCA 67
KEDVES & SEGAL [2020] FCCA 67
Tait & Densmore [2007] FamCA 1383