Thornton and Thornton

Case

[2017] FCCA 1974

22 August 2017


Details
AGLC Case Decision Date
Thornton and Thornton [2017] FCCA 1974 [2017] FCCA 1974 22 August 2017

CaseChat Overview and Summary

In the matter of *Thornton and Thornton*, heard by Judge McGuire, the dispute concerned the welfare of two children, [X] born in 2008 and [Y] born in 2013. The father had filed an application in March 2017, seeking orders in relation to the children.

The court was required to determine the appropriate orders concerning the children's welfare, specifically in light of concerns raised about illicit drug use by one or both parents. The father's application sought to alter existing arrangements, necessitating a review of the children's living arrangements and the conditions under which they would be cared for.

Judge McGuire accepted undertakings from both parents to ensure the children's safety. The mother undertook not to expose the children to any person she knows or reasonably suspects has used illicit drugs. The father undertook not to use any illicit drugs while the children were in the mother's care, and for 24 hours prior to them coming into her care.

Consequently, the father's application filed in March 2017 was dismissed, and the existing orders made on 23 October 2015 concerning the children remained in full force and effect, subject to the undertakings provided by the parents.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Harridge & Harridge [2010] FamCA 445