Krill and Crawley (No 3)
Case
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[2009] FamCA 1370
•27 October 2009
Details
AGLC
Case
Decision Date
Krill and Crawley (No 3) [2009] FamCA 1370
[2009] FamCA 1370
27 October 2009
CaseChat Overview and Summary
In the matter of *Krill and Crawley (No 3)*, Strickland J of the Family Court of Australia considered orders concerning the time a child, born in April 2002, would spend with the mother. The dispute involved the specific times for the commencement of these periods of time and the mother's conduct during them.
The court was required to determine the precise commencement time for the child's alternate weekend time with the mother, as well as the commencement time for a specific weekend period in April 2010. Furthermore, the court had to consider whether to impose an injunction on the mother regarding the use of illicit substances and the implications of such an order under the *Family Law Act 1975*. The court also addressed the continued appointment of an Independent Children’s Lawyer.
Strickland J ordered that the child's alternate weekend time with the mother would commence at 11:00 am. Similarly, the commencement time for the period from Friday 16 April 2010 to Sunday 18 April 2010 was set at 11:00 am on the Friday. Crucially, an injunction was granted restraining the mother from using or consuming illicit substances for 48 hours prior to, or during, any time spent with the child. The court also ordered that the appointment of the Independent Children’s Lawyer be discharged and that all applications and responses be dismissed and removed from the active pending cases list, with the particulars of the obligations and consequences of these orders detailed in an attached Fact Sheet pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.
The court was required to determine the precise commencement time for the child's alternate weekend time with the mother, as well as the commencement time for a specific weekend period in April 2010. Furthermore, the court had to consider whether to impose an injunction on the mother regarding the use of illicit substances and the implications of such an order under the *Family Law Act 1975*. The court also addressed the continued appointment of an Independent Children’s Lawyer.
Strickland J ordered that the child's alternate weekend time with the mother would commence at 11:00 am. Similarly, the commencement time for the period from Friday 16 April 2010 to Sunday 18 April 2010 was set at 11:00 am on the Friday. Crucially, an injunction was granted restraining the mother from using or consuming illicit substances for 48 hours prior to, or during, any time spent with the child. The court also ordered that the appointment of the Independent Children’s Lawyer be discharged and that all applications and responses be dismissed and removed from the active pending cases list, with the particulars of the obligations and consequences of these orders detailed in an attached Fact Sheet pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.
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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Remedies
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Procedural Fairness
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Costs
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