SKINNER & CORBIN (No.1)
Case
•
[2014] FCCA 3134
•11 March 2014
Details
AGLC
Case
Decision Date
SKINNER & CORBIN (No.1) [2014] FCCA 3134
[2014] FCCA 3134
11 March 2014
CaseChat Overview and Summary
In the matter of SKINNER & CORBIN (No.1), Judge Harman considered proceedings involving the child, X, born in 2007. The dispute concerned arrangements for the child's welfare and parental responsibilities.
The court was required to determine the necessity and terms of appointing an Independent Children’s Lawyer, the provision of information and documentation by the parties to the Independent Children’s Lawyer, and the arrangements for the Independent Children’s Lawyer to meet with the child. Further issues included the parties' participation in an online parenting program, the mother's attendance for drug testing, ongoing drug testing requirements in the event of positive results, and the mother's enrolment in a drug rehabilitation program. The court also addressed interim parenting arrangements, including the child's time with each parent and obligations regarding school attendance, and the consequences of contravening the orders made.
Judge Harman ordered the appointment of an Independent Children’s Lawyer pursuant to s.68L of the *Family Law Act 1975*, noting specific grounds for this appointment including issues of anti-social tendencies, allegations of significant mental illness or personality disorder, drug and alcohol abuse, the child being of tender years and requiring protection from conflict, allegations of family violence or abuse impacting the child, and the child being of Aboriginal descent. The court mandated that both parties provide a parenting questionnaire and other requested information to the Independent Children’s Lawyer within seven days, and forward all filed documents and relevant reports concerning the child to the Legal Aid Commission. The parties were also ordered to facilitate meetings between the child and the Independent Children’s Lawyer. The mother was ordered to provide a sample for forensic drug testing within seven days, with further testing required every seven days if a reportable quantity of any substance was detected. Both parents were ordered to register with and complete the online program at www.uptoparents.org within four weeks. Interim parenting orders were made, with the child to spend time with her mother from the conclusion of school on Friday to the commencement of school on Monday, and with her father at all other times. Both parents were directed to ensure the child's regular school attendance and to provide explanations and medical certificates for any absences.
The court also made orders regarding the immediate delivery of the child to the father and included particulars of obligations, consequences of contravention, and sources of assistance in a fact sheet attached to the orders, pursuant to s.65DA(2) and s.62B of the *Family Law Act 1975*. The matter was adjourned for further mention and directions.
The court was required to determine the necessity and terms of appointing an Independent Children’s Lawyer, the provision of information and documentation by the parties to the Independent Children’s Lawyer, and the arrangements for the Independent Children’s Lawyer to meet with the child. Further issues included the parties' participation in an online parenting program, the mother's attendance for drug testing, ongoing drug testing requirements in the event of positive results, and the mother's enrolment in a drug rehabilitation program. The court also addressed interim parenting arrangements, including the child's time with each parent and obligations regarding school attendance, and the consequences of contravening the orders made.
Judge Harman ordered the appointment of an Independent Children’s Lawyer pursuant to s.68L of the *Family Law Act 1975*, noting specific grounds for this appointment including issues of anti-social tendencies, allegations of significant mental illness or personality disorder, drug and alcohol abuse, the child being of tender years and requiring protection from conflict, allegations of family violence or abuse impacting the child, and the child being of Aboriginal descent. The court mandated that both parties provide a parenting questionnaire and other requested information to the Independent Children’s Lawyer within seven days, and forward all filed documents and relevant reports concerning the child to the Legal Aid Commission. The parties were also ordered to facilitate meetings between the child and the Independent Children’s Lawyer. The mother was ordered to provide a sample for forensic drug testing within seven days, with further testing required every seven days if a reportable quantity of any substance was detected. Both parents were ordered to register with and complete the online program at www.uptoparents.org within four weeks. Interim parenting orders were made, with the child to spend time with her mother from the conclusion of school on Friday to the commencement of school on Monday, and with her father at all other times. Both parents were directed to ensure the child's regular school attendance and to provide explanations and medical certificates for any absences.
The court also made orders regarding the immediate delivery of the child to the father and included particulars of obligations, consequences of contravention, and sources of assistance in a fact sheet attached to the orders, pursuant to s.65DA(2) and s.62B of the *Family Law Act 1975*. The matter was adjourned for further mention and directions.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
-
Remedies
-
Standing
Actions
Download as PDF
Download as Word Document
Citations
SKINNER & CORBIN (No.1) [2014] FCCA 3134
Most Recent Citation
SKINNER & CORBIN (No.3) [2014] FCCA 3136
Cases Cited
0
Statutory Material Cited
2