Mason and Gilbert

Case

[2018] FamCA 826

15 October 2018


Details
AGLC Case Decision Date
Mason and Gilbert [2018] FamCA 826 [2018] FamCA 826 15 October 2018

CaseChat Overview and Summary

In the matter of *Mason and Gilbert*, Cronin J considered applications concerning the welfare of two children, X and Y. The dispute involved the father's contact with the children and his compliance with previous court orders, particularly in relation to drug use.

The court was required to determine the appropriate arrangements for the children's time with their father, including whether his existing contact orders should be suspended or modified. Further issues included the terms of any supervised contact, the father's ongoing engagement with drug and alcohol counselling, and the provision of urine screens. The court also considered the admissibility of evidence from Mr Gilbert and the need for a certificate under section 128 of the *Evidence Act 1995* (Cth).

Cronin J reasoned that the father's time with the children under the 2012 orders should be suspended until further order, with supervised contact to be arranged. The court issued a certificate under section 128 of the *Evidence Act 1995* (Cth) in respect of Mr Gilbert's evidence. By consent of all parties, orders were made restraining the father from exposing the children to illicit substances, requiring him to continue drug and alcohol counselling and undergo random supervised urine screens. The court also made orders regarding electronic communication between the father and children and permitted both parents to attend school and extra-curricular activities. The particulars of these obligations and their consequences were set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346