Innes and Innes and Ors
Case
•
[2019] FCCA 758
•6 March 2019
Details
AGLC
Case
Decision Date
Innes and Innes and Ors [2019] FCCA 758
[2019] FCCA 758
6 March 2019
CaseChat Overview and Summary
In the matter of *Innes and Innes*, Judge Newbrun of the Federal Circuit Court of Australia made orders concerning the living arrangements and contact with the children, [X] and [Y]. The dispute involved the parents, Mr. Innes (the father) and Ms. Innes (the mother), regarding the children's welfare.
The court was required to determine the primary residence of the children, the terms of contact between the children and each parent, and the involvement of the maternal grandparents. Additionally, the court considered orders relating to the mother's conduct, including prohibitions on contact and requirements for drug testing and disclosure of mental health treatment. The court also addressed the children's contact with their maternal grandparents and specific restrictions on the mother's contact with the children during those periods.
Judge Newbrun ordered that the children shall live with the father, discharging all previous parenting orders. The father was authorised to collect the children from school immediately, with the mother restrained from being present or contacting the children before this collection. A warrant for recovery of the children was to be issued but held pending further order, to be activated if the mother failed to comply with the live with arrangement. The mother's contact with the children was to occur under supervision at a specified contact service, with both parents to facilitate this. The mother was also ordered to undergo chain of custody urinalysis testing upon request and to provide details of any mental health professionals consulted. The maternal grandparents were granted specific contact arrangements with the children, with a prohibition on the mother contacting the children during these periods. Further orders included provisions for communication with schools, notification of emergencies, and the disclosure of previous testing results.
The court was required to determine the primary residence of the children, the terms of contact between the children and each parent, and the involvement of the maternal grandparents. Additionally, the court considered orders relating to the mother's conduct, including prohibitions on contact and requirements for drug testing and disclosure of mental health treatment. The court also addressed the children's contact with their maternal grandparents and specific restrictions on the mother's contact with the children during those periods.
Judge Newbrun ordered that the children shall live with the father, discharging all previous parenting orders. The father was authorised to collect the children from school immediately, with the mother restrained from being present or contacting the children before this collection. A warrant for recovery of the children was to be issued but held pending further order, to be activated if the mother failed to comply with the live with arrangement. The mother's contact with the children was to occur under supervision at a specified contact service, with both parents to facilitate this. The mother was also ordered to undergo chain of custody urinalysis testing upon request and to provide details of any mental health professionals consulted. The maternal grandparents were granted specific contact arrangements with the children, with a prohibition on the mother contacting the children during these periods. Further orders included provisions for communication with schools, notification of emergencies, and the disclosure of previous testing results.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Remedies
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Innes and Innes and Ors [2019] FCCA 758
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
SS & AH
[2010] FamCAFC 13
Eaby & Speelman
[2015] FamCAFC 104
Banks & Banks
[2015] FamCAFC 36