PERIN & PERIN

Case

[2020] FCCA 2877

22 October 2020


Details
AGLC Case Decision Date
Perin and Perin [2020] FCCA 2877 [2020] FCCA 2877 22 October 2020

CaseChat Overview and Summary

In *Perin & Perin*, heard by Judge Brown, the proceedings concerned interim arrangements for the care of two young children, aged four and three, following a recent separation. The case involved significant allegations of family violence and drug usage, and the court was required to determine the appropriate interim orders for the children's living arrangements and parental contact, considering the paramountcy of the children's best interests and the assessment of risk.

The court was tasked with establishing a schedule for the children to live with each parent, balancing the need for stability with the allegations raised. Additionally, the court had to consider injunctive relief to protect the children from denigration, abuse, and discussion of the proceedings, as well as specific restrictions on the mother concerning contact with her own mother and substance use. The court also ordered drug testing for both parties and mandated attendance at a family dispute resolution conference.

In reaching its decision, the court applied the principles governing interim family law matters, emphasising the best interests of the children. The court made orders for shared living arrangements, with the children to live with the mother from Thursday evening to Sunday evening, and with the father from Sunday evening to Thursday evening. Injunctions were granted to prevent denigration and discussion of proceedings in the children's presence. Specific orders were made restraining the mother from bringing the children into contact with her mother and from consuming illicit substances or medication other than prescribed, or bringing the children into contact with individuals who had done so. Both parties were ordered to undergo random urine drug screening under strict protocols. The court also directed the parties to attend a family dispute resolution conference.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Deiter & Deiter [2011] FamCAFC 82