Gare and Scander
Case
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[2009] FamCA 1130
•6 November 2009
Details
AGLC
Case
Decision Date
Gare and Scander [2009] FamCA 1130
[2009] FamCA 1130
6 November 2009
CaseChat Overview and Summary
In *Gare and Scander*, Brown J made orders concerning the time spent by the father with his two children, X and Y, and various other matters relating to their welfare and the conduct of the parents. The dispute involved arrangements for the children's time with their father, as well as conditions placed on both parents regarding alcohol and drug consumption, communication about the proceedings, and the sharing of information about the children's health and activities.
The court was required to determine the specific terms of the father's time with the children, including the days and times of contact, and the locations for changeovers. Additionally, the court addressed the mother's obligations concerning alcohol and drug use when with the children, and her requirement to undergo supervised testing. The court also made orders regarding communication about the proceedings, the exchange of information about the children's medical and welfare matters, and parental attendance at school and extracurricular events. Further issues included restrictions on interstate and overseas travel with the children, the preparation of a Family Report, and the listing of the matter for trial.
Brown J made orders by consent, detailing the father's time with the children on Sundays and Wednesdays, with specific provisions for public holidays and changeover locations. The mother was ordered not to consume alcohol or illegal drugs when with the children or be affected by them, and to undergo supervised drug and alcohol testing upon request. Both parents were restrained from discussing the proceedings with the children and were required to inform each other of significant medical conditions or welfare matters concerning the children. The court also ordered that each parent could attend school and extracurricular functions, with notice requirements for the father. Restrictions were placed on interstate and overseas travel with the children, requiring prior written consent or court orders. A Family Report was ordered to be prepared, and the matter was listed for a Trial Notice Listing. The court also noted that the attendance of counsel and a solicitor was reasonably required for the proceedings.
The court was required to determine the specific terms of the father's time with the children, including the days and times of contact, and the locations for changeovers. Additionally, the court addressed the mother's obligations concerning alcohol and drug use when with the children, and her requirement to undergo supervised testing. The court also made orders regarding communication about the proceedings, the exchange of information about the children's medical and welfare matters, and parental attendance at school and extracurricular events. Further issues included restrictions on interstate and overseas travel with the children, the preparation of a Family Report, and the listing of the matter for trial.
Brown J made orders by consent, detailing the father's time with the children on Sundays and Wednesdays, with specific provisions for public holidays and changeover locations. The mother was ordered not to consume alcohol or illegal drugs when with the children or be affected by them, and to undergo supervised drug and alcohol testing upon request. Both parents were restrained from discussing the proceedings with the children and were required to inform each other of significant medical conditions or welfare matters concerning the children. The court also ordered that each parent could attend school and extracurricular functions, with notice requirements for the father. Restrictions were placed on interstate and overseas travel with the children, requiring prior written consent or court orders. A Family Report was ordered to be prepared, and the matter was listed for a Trial Notice Listing. The court also noted that the attendance of counsel and a solicitor was reasonably required for the proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
Gare and Scander [2009] FamCA 1130
Cases Citing This Decision
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Statutory Material Cited
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