Hedley & Hedley

[2019] FamCA 946

FAMILY COURT OF AUSTRALIA

HEDLEY & HEDLEY [2019] FamCA 946

FAMILY LAW – CHILDREN – Interim orders – Where the father seeks to vary interim orders – Where the application is made only six weeks after interim orders were consented to – Where the mother opposes the application – Where both parties were legally represented and knew they were entering into orders – Where it was agreed for the children live with the mother and spend time with the father subject to the father’s compliance with drug testing and the results of such tests – Where there is no significant change in circumstance to warrant variation – Where it is not in the best interests of the children to vary the interim orders – Ordered application dismissed.

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth) r 5.08

Abraham & Abraham [2012] NSWSC 254
Rice & Asplund (1979) FLC 90-725

APPLICANT: Mr Hedley

RESPONDENT: Ms Hedley

FILE NUMBER: NCC 2039 of 2019

DATE DELIVERED: 5 December 2019

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATE: 29 November 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Bithrey

SOLICITOR FOR THE APPLICANT: Kekeff & Associates Solicitors

COUNSEL FOR THE RESPONDENT: N/A

THE RESPONDENT: Self-Represented

Orders

1. The Amended Application in a Case filed by the father on 29 October 2019 is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hedley & Hedley has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER:  NCC 2039 of 2019

Mr Hedley

Applicant

And

Ms Hedley

Respondent

EX TEMPORE REASONS FOR JUDGMENT

Introduction

1. This is an application by Mr Hedley (“the father”) to vary interim parenting orders made by consent on 9 September 2019 (“the September orders”). Six weeks only, had passed from the date of the September orders when the father’s Application in the Case was filed. 

2. The  September orders provided in summary the following:

   ·That the two children, aged six and two, live with the mother.

   ·That the father undertake drug and alcohol counselling.

   ·That the father be restrained from consuming alcohol and any non-prescription drugs or prescription drugs during all periods when the children were with him and for 12 hours prior.

   ·That without admission, the father undertake random supervised urine analysis on the request, with 24 hours notification, of the mother’s solicitors.

   ·That each party, without admission, undertake carbohydrate deficient transferring testing (CDT).   

   ·That in the event a CDT test was more than 1.7 per cent, the father’s time…