Parkhurst and Parkhurst

Case

[2020] FCCA 2176

21 May 2020


Details
AGLC Case Decision Date
PARKHURST & PARKHURST [2020] FCCA 2176 [2020] FCCA 2176 21 May 2020

CaseChat Overview and Summary

This matter concerned an application by the father for orders regarding the living arrangements and time spent with his three children, X, Y, and Z, and the mother sought orders for the children to live with her and for specific time spent with the father. The proceedings were before Judge Brown.

The court was required to determine the primary issue of where the children would live and the extent of time the father would spend with them, considering the father's history of drug use. This involved assessing the suitability of the proposed arrangements and the conditions necessary to ensure the children's welfare and safety.

Judge Brown ordered that the children X, Y, and Z live with the mother. The father was granted specific time with children Y and Z on Wednesday afternoons and alternate Sundays, with further time to be mutually agreed. The father's time with child X was to be at mutually agreed times between the father and the child. Crucially, the father was ordered to undergo a three-month hair follicle drug testing regime at his expense, with specific requirements for testing, identification, and reporting of results. He was also restrained from altering his hair during this period. The court stipulated that any positive test or failure to comply with these orders would result in the suspension of the father's time with the children. The matter was adjourned for further directions and relisted for trial in December 2020.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Appeal

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Deiter & Deiter [2011] FamCAFC 82