Mullan and Mullan
Case
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[2017] FCCA 1311
•13 June 2017
Details
AGLC
Case
Decision Date
Mullan and Mullan [2017] FCCA 1311
[2017] FCCA 1311
13 June 2017
CaseChat Overview and Summary
This matter concerned orders made by Judge Young regarding the parenting arrangements for two children, X and Y, and the conduct of the parents. The dispute involved the practicalities of the children spending time with their mother, including travel arrangements and associated costs, and the implementation of drug testing for both parents. Furthermore, the court addressed the need for a family report to inform future decisions about the children's welfare.
The court was required to determine the specific terms of the children's time with their mother during school holidays, including the allocation of airfare costs. It also needed to establish a protocol for drug testing of both parents, specifying the substances to be tested, the method of collection and analysis, and the frequency and cost of such testing. A further issue was the appointment of a Family Consultant to prepare a family report, outlining the specific matters the report should address, including the children's views and relevant factors under the *Family Law Act 1975*. Finally, the court had to decide on the transfer of proceedings to another court location.
In relation to the children's time with the mother, the court ordered that the mother would pay for the airfares from her location to Darwin or her place of residence, while the father would cover the return airfares. For drug testing, the court mandated that both parents provide urine samples for testing for opiates, barbiturates, amphetamines, heroin, cannabis, or their derivatives, following the chain of custody protocol in AS/NZ 4308:2008. Requests for samples were limited to one per calendar month, with each party bearing the cost of their own testing. The court also ordered the parents and children to attend upon a Family Consultant for a family report, to be prepared by 30 September 2017, with the report to include the children's views, factors under section 60CC of the *Family Law Act 1975*, and any other matters relevant to the children's welfare. The Federal Circuit Court was to bear the cost of the family report. The proceedings were subsequently transferred to the Federal Circuit Court at Cairns.
The court was required to determine the specific terms of the children's time with their mother during school holidays, including the allocation of airfare costs. It also needed to establish a protocol for drug testing of both parents, specifying the substances to be tested, the method of collection and analysis, and the frequency and cost of such testing. A further issue was the appointment of a Family Consultant to prepare a family report, outlining the specific matters the report should address, including the children's views and relevant factors under the *Family Law Act 1975*. Finally, the court had to decide on the transfer of proceedings to another court location.
In relation to the children's time with the mother, the court ordered that the mother would pay for the airfares from her location to Darwin or her place of residence, while the father would cover the return airfares. For drug testing, the court mandated that both parents provide urine samples for testing for opiates, barbiturates, amphetamines, heroin, cannabis, or their derivatives, following the chain of custody protocol in AS/NZ 4308:2008. Requests for samples were limited to one per calendar month, with each party bearing the cost of their own testing. The court also ordered the parents and children to attend upon a Family Consultant for a family report, to be prepared by 30 September 2017, with the report to include the children's views, factors under section 60CC of the *Family Law Act 1975*, and any other matters relevant to the children's welfare. The Federal Circuit Court was to bear the cost of the family report. The proceedings were subsequently transferred to the Federal Circuit Court at Cairns.
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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Costs
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Mullan and Mullan [2017] FCCA 1311
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