Jarry and Reston

Case

[2019] FCCA 1824

18 April 2019


Details
AGLC Case Decision Date
Jarry and Reston [2019] FCCA 1824 [2019] FCCA 1824 18 April 2019

CaseChat Overview and Summary

In the matter of *Jarry and Reston*, heard by Judge Andrew, the dispute concerned orders relating to parental responsibility, living arrangements, and drug testing for the child [X]. The father, Mr Jarry, sought orders for sole parental responsibility and specific living and time arrangements, as well as drug testing for the mother, Ms Reston.

The court was required to determine the extent of parental responsibility to be allocated between the parents, the primary living arrangements for the child, and the necessity and conditions of drug testing for the mother. These determinations were to be made in accordance with the overarching principles of the child's best interests as stipulated in Part VII of the *Family Law Act*.

Judge Andrew ordered that the father, Mr Jarry, have sole parental responsibility for long-term decisions concerning the child's care, welfare, and development, including medical, educational, disciplinary, social, and religious matters. The child was ordered to live with the father and spend time with the mother under supervision. Furthermore, the mother was restrained from using illicit drugs and ordered to undergo random urinalysis and hair follicle tests until 31 December 2021, with specific provisions regarding hair length, referral, accredited laboratories, identification, and the scope of testing. The costs of these tests were to be shared equally, and a positive test would result in the suspension of the mother's time with the child pending further order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Narkis & Narkis (No 4) [2017] FamCA 200
Narkis & Narkis (No 4) [2017] FamCA 200
Brown & Brown [2004] FamCA 1067