Millson and Halbert

Case

[2019] FamCA 429

5 July 2019


Details
AGLC Case Decision Date
Millson and Halbert [2019] FamCA 429 [2019] FamCA 429 5 July 2019

CaseChat Overview and Summary

Harper J heard applications concerning the welfare of a child, brought by the Applicant Father against the Respondent Mother. The proceedings involved allegations related to the ingestion of illicit substances.

The court was required to determine whether to order the Respondent Mother to undergo hair strand testing for illicit substances. The court also considered an interim application made by the Applicant Father.

By consent of the parties, Harper J ordered that the Respondent Mother undertake hair strand testing through "The Drug Detection Agency" within 48 hours. This involved arranging for a testing kit to be sent to a nominated general practitioner in Sydney, attending the appointment within 24 hours of notification, and providing a hair sample of at least three centimetres, including the bulb. The Respondent Mother was also restrained from altering her hair pending the test. The testing agency was authorised to send the report directly to the Applicant Father's legal representatives and the Independent Children's Lawyer. The Respondent Mother was to bear all costs associated with the testing. The interim application by the Applicant Father was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Procedural Fairness

Actions
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Cases Citing This Decision

1

Millson and Halbert (No. 2) [2019] FamCA 869
Cases Cited

1

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36