SKINNER & CORBIN (No.2)

Case

[2014] FCCA 3135

17 April 2014


Details
AGLC Case Decision Date
SKINNER & CORBIN (No.2) [2014] FCCA 3135 [2014] FCCA 3135 17 April 2014

CaseChat Overview and Summary

In the matter of *Skinner & Corbin (No.2)*, Judge Harman of the Family Court of Australia considered interim parenting arrangements for a child, X, born in 2007. The proceedings involved allegations of neglect, specifically concerning the child's absenteeism from school and drug use by one of the parents. The court was required to determine appropriate interim orders in circumstances where the respondent mother had failed to appear and file material in the proceedings, and had not complied with previous drug testing orders.

The central legal issue before the court was the making of interim parenting orders on an undefended basis, given the respondent's non-compliance and the serious allegations raised. The court also had to consider the implications of the *Jones & Dunkel* inference arising from the failure to comply with drug testing orders.

Judge Harman reasoned that the respondent's failure to participate in the proceedings and comply with court-ordered drug testing, coupled with the allegations of neglect and drug use, necessitated making orders on an interim undefended basis to ensure the child's welfare. The court discharged previous parenting orders and, pending further order, made orders that the father, Mr Skinner, have sole parental responsibility for X, that X live with her father, and that X spend time with her mother only as agreed between the parents. The court also stipulated that if the mother removed X from the father's care without consent, the father could relist the proceedings on short notice. The proceedings were adjourned for a final undefended hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Remedies

  • Res Judicata

  • Natural Justice

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Cases Citing This Decision

1

SKINNER & CORBIN (No.3) [2014] FCCA 3136
Cases Cited

1

Statutory Material Cited

4

Luxton v Vines [1952] HCA 19