MULDER & LEVERSON

Case

[2013] FamCA 155

1 March 2013


Details
AGLC Case Decision Date
MULDER & LEVERSON [2013] FamCA 155 [2013] FamCA 155 1 March 2013

CaseChat Overview and Summary

The case of Mulder & Leverson concerned parenting orders made by Bell J in the Federal Circuit and Family Court of Australia. The dispute involved the living arrangements and time spent with the parties' two children, S and G, and the mother's ongoing drug and alcohol abuse.

The court was required to determine the interim and final parenting arrangements for the children, including where they would live, the specific times they would spend with each parent, and the conditions under which the mother's time with the children would be facilitated and monitored. Key issues included the mother's access to treatment and counselling for her substance abuse, the father's role in the children's lives during this period, and the eventual establishment of equal shared parental responsibility for long-term decisions. The court also had to consider the children's ongoing counselling and educational arrangements.

Bell J made detailed orders addressing these issues. Initially, the children were ordered to live with the father, with specific, supervised, and conditional time arrangements for the mother pending her engagement with drug and alcohol treatment. These orders included provisions for telephone contact and special occasions, with a review mechanism involving the Independent Children's Lawyer and the treating practitioner. The court also imposed strict conditions on both parents regarding substance use, exposure to conflict, and denigration of the other parent. Following the mother's treatment, the court ordered equal shared parental responsibility for major long-term issues and a week-about living arrangement, with further specific provisions for holidays and birthdays. The court also ordered the appointment of a Family Consultant to assist the mother and mandated participation in a post-separation parenting program for both parents.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209