GAREY & GAREY
Case
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[2015] FamCA 1192
•15 December 2015
Details
AGLC
Case
Decision Date
GAREY & GAREY [2015] FamCA 1192
[2015] FamCA 1192
15 December 2015
CaseChat Overview and Summary
Cleary J made orders concerning the residence, parental responsibility, spending time, communication, and drug testing of two children, C and A. The proceedings involved the mother and father of the children, with the Independent Children's Lawyer also playing a role, particularly in relation to drug testing.
The court was required to determine the primary residence of the children, the allocation of parental responsibility for significant welfare decisions, the nature and extent of the father's time with the children, and the conditions under which drug testing would be conducted for the father. Additionally, the court addressed specific issues relating to the children's hospitalisation and the father's ability to send gifts.
Cleary J ordered that the children live with the mother and that she have sole parental responsibility for decisions regarding their welfare, including medical treatment, religious instruction, and education. However, the mother was required to consult with the father in writing on such matters and genuinely consider his response before making a decision. The father's time with the children was to be supervised at a contact centre, and he was to have facilitated telephone calls with them on specific occasions. The father was also ordered to undergo regular chain of custody urinalysis and hair follicle drug testing at his own expense, with the Independent Children's Lawyer to initiate these requests. The court also made orders regarding the notification of hospitalisation and the father's ability to send gifts.
The court was required to determine the primary residence of the children, the allocation of parental responsibility for significant welfare decisions, the nature and extent of the father's time with the children, and the conditions under which drug testing would be conducted for the father. Additionally, the court addressed specific issues relating to the children's hospitalisation and the father's ability to send gifts.
Cleary J ordered that the children live with the mother and that she have sole parental responsibility for decisions regarding their welfare, including medical treatment, religious instruction, and education. However, the mother was required to consult with the father in writing on such matters and genuinely consider his response before making a decision. The father's time with the children was to be supervised at a contact centre, and he was to have facilitated telephone calls with them on specific occasions. The father was also ordered to undergo regular chain of custody urinalysis and hair follicle drug testing at his own expense, with the Independent Children's Lawyer to initiate these requests. The court also made orders regarding the notification of hospitalisation and the father's ability to send gifts.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Citations
GAREY & GAREY [2015] FamCA 1192
Most Recent Citation
Gillan and Kruse [2019] FCCA 313
Cases Cited
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Statutory Material Cited
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