SELKIRK & SELKIRK
Case
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[2018] FamCA 852
•24 September 2018
Details
AGLC
Case
Decision Date
SELKIRK & SELKIRK [2018] FamCA 852
[2018] FamCA 852
24 September 2018
CaseChat Overview and Summary
In the matter of *Selkirk & Selkirk*, Le Poer Trench J considered applications concerning interim parenting arrangements and property distribution. The dispute involved questions regarding the children's time with each parent, particularly in light of past drug usage, and the ownership of embryos.
The court was required to determine whether the children should spend more time with one parent, the implications of past drug usage on parenting arrangements, and the necessity of drug testing. Additionally, the court addressed the issue of interim property distribution and the ownership of embryos.
Le Poer Trench J made several orders, including dismissing the applicant's Amended Application in a Case and the respondent's Response to an Application in a Case. Existing orders from April 4, 2017, and June 13, 2018, were to continue, subject to variations. These variations included restrictions on video game usage by the children, with a parent to supervise any "PG" rated games to ensure age appropriateness. The court also expedited the final hearing and recommended the appointment of a single expert child and family psychiatrist to prepare a Family Report. Further drug testing was recommended if a hearing date was not allocated by the end of March 2019. Finally, the respondent was restrained from having the children share her bed with another adult present.
The court was required to determine whether the children should spend more time with one parent, the implications of past drug usage on parenting arrangements, and the necessity of drug testing. Additionally, the court addressed the issue of interim property distribution and the ownership of embryos.
Le Poer Trench J made several orders, including dismissing the applicant's Amended Application in a Case and the respondent's Response to an Application in a Case. Existing orders from April 4, 2017, and June 13, 2018, were to continue, subject to variations. These variations included restrictions on video game usage by the children, with a parent to supervise any "PG" rated games to ensure age appropriateness. The court also expedited the final hearing and recommended the appointment of a single expert child and family psychiatrist to prepare a Family Report. Further drug testing was recommended if a hearing date was not allocated by the end of March 2019. Finally, the respondent was restrained from having the children share her bed with another adult present.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Expert Evidence
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Procedural Fairness
Actions
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Citations
SELKIRK & SELKIRK [2018] FamCA 852
Most Recent Citation
SELKIRK & SELKIRK [2019] FamCAFC 63
Cases Cited
2
Statutory Material Cited
1
Marello and Marello (No 2)
[2011] FamCA 799
Paris King Investments Pty Ltd v Rayhill
[2006] NSWSC 578