Shields and Greer

Case

[2017] FCCA 761

29 March 2017


Details
AGLC Case Decision Date
Shields and Greer [2017] FCCA 761 [2017] FCCA 761 29 March 2017

CaseChat Overview and Summary

In the Family Court of Australia, Judge Harland presided over proceedings involving parties identified as Shields and Greer. The dispute concerned parenting arrangements for a child, X, born in 2012. The court also noted a related matter, MLC2407/2017, between Greer and Shields, which was consolidated with the present proceedings.

The court was required to determine several key issues, including the independent representation of the child X, the undertaking of supervised drug screen testing by both parties, and the interim living and contact arrangements for the child. The court also needed to consider the implications of contravening the orders made.

Judge Harland ordered that the matter be adjourned for an interim contested hearing. Crucially, the court ordered that the child X be independently represented pursuant to s.68L(2) of the *Family Law Act 1975*, with Victoria Legal Aid requested to arrange this representation and to ensure the independent children's lawyer fulfilled specific duties, including filing a Notice of Address for Service, receiving relevant documents from the parents' solicitors, adhering to published guidelines, and preparing a minute of recommended final orders. Both parties were ordered to undertake supervised drug screen testing at locations approved by the independent children's lawyer, randomly and within 24 hours of a written request, with results to be provided to the independent children's lawyer and the other party's solicitors. Until further order, the child was to live with the father, and spend time with the mother at agreed times, in a specified location and in the absence of Mr R. The mother was to nominate contact times in writing, and provide the full name and date of birth of Mr R to the father's solicitor. The orders also included particulars of obligations, consequences of contravention, and sources of assistance, as set out in Attachment A, pursuant to ss.65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Natural Justice

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Redmond & Redmond [2014] FamCAFC 155
Morgan v Miles [2007] FamCA 1230