Mathieson and Hayward

Case

[2017] FCCA 1719

23 June 2017


Details
AGLC Case Decision Date
Mathieson and Hayward [2017] FCCA 1719 [2017] FCCA 1719 23 June 2017

CaseChat Overview and Summary

This matter concerned an application before Judge Young regarding parental responsibility and living arrangements for two children. The dispute involved the mother and father of the children, with the court considering orders related to their care and the father's engagement with therapeutic and assessment services.

The court was required to determine the appropriate orders for parental responsibility, where the children would live, and the nature and extent of the father's time with the children. Additionally, the court needed to address the father's need for drug assessment and counselling, mental health intervention for emotional regulation and impulse control, and the parties' participation in family therapy. The court also considered the father's obligation to undergo drug testing and the associated costs.

Judge Young made orders granting the mother sole parental responsibility and determining that the children would live with her. The father was granted limited supervised time with one child, with immediate steps to be taken to enrol in a children's contact centre. The father was also ordered to seek a drug assessment and counselling, undergo hair follicle drug testing, and seek a mental health care plan for issues relating to emotional regulation, impulse control, and his relationships with his children. Both parties were directed to enrol in family therapy as advised. The court also made orders regarding the disclosure of test results and the costs of drug testing, with liberty to apply for further orders and the matter adjourned for mention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Remedies

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