Sheldon and Abraham and Ors (No.2)

Case

[2013] FCCA 2167

18 December 2013


Details
AGLC Case Decision Date
Sheldon and Abraham and Ors (No.2) [2013] FCCA 2167 [2013] FCCA 2167 18 December 2013

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in 2010, brought before Judge Monahan. The dispute involved the child's paternal grandparents, the child's father, and the child's maternal grandmother. The court was required to determine the arrangements for the child's living situation, time spent with each party, and the conditions under which the father's time with the child would be supervised, including specific provisions for drug testing.

The court's reasoning focused on establishing a stable living arrangement for the child, granting equal shared parental responsibility to the paternal grandparents and ordering that the child live with them. Significant conditions were imposed on the father's time with the child, contingent on drug testing. The court outlined a detailed process for urine specimen collection and testing, with supervised time being mandated if the father failed to provide a specimen or if the specimen tested positive for specified drugs. The court also addressed the time the child would spend with the maternal grandmother, including specific dates and durations, and imposed restrictions on who could be present during those times. Provisions were also made for the paternal grandparents' travel with the child and for communication between the child and the maternal grandmother during such travel.

The court discharged all previous parenting orders and made new orders by consent of the parties, with the exception of specific provisions regarding the maternal grandmother's time, costs, and dismissal of extant applications, which were made by the court. The orders included detailed stipulations regarding the father's drug testing, the duration of supervised time, and the ability for the father to seek changes to certain orders in the future, provided such changes did not affect the child's time with the maternal grandmother. The court also noted that the particulars of obligations and consequences for contravention were set out in an annexure.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

Samson & Jacks [2008] FamCA 176
Jacks & Samson [2008] FamCAFC 173