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Family Law

Canberra Family Law – Nitty-gritty of parents’ lifestyle examined in custody case

By August 25, 2015December 7th, 2020No Comments

Debate has arisen about the role of the courts in households after a recent Family Court case involving the parents of a small boy, who disagreed over everything from vaccination to parenting style to the child’s eating habits.

The judge has been criticised by various civil liberties groups for making certain interventions, for example, ordering the parents to stop smoking around the boy, according to The Australian newspaper.

However, on some issues the judge did not seek to intervene by issuing orders–the mother was unsuccessful in her bid for an order banning the father’s consumption of alcohol when caring for the child, though the parents were cautioned to ‘contain’ their alcohol consumption:

The father told the court he now only drank a glass of wine with his dinner, including when he was minding his son, and he successfully fought the mother’s bid for an order banning his   consumption of alcohol when caring for their son.

The mother’s wish to prevent the father from immunising the child also failed:

Justice Hogan found the consequences of contracting a disease that could be vaccinated against outweighed the granting of an ­injunction prohibiting the administration of vaccine.

And, perhaps highlighting the importance of maintaining a civil, healthy co-parenting relationship with your child’s other parent, the judge further said,

…the mother’s “clear and unwavering belief that the child obtains nothing from an ­ongoing relationship with his ­father” persuaded her there was a risk to the child’s long-term physical and psychological health if he was not given the chance to spend more time in his father’s care…The parents were also ordered not to criticise each other, their partners or their family in front of the child.

Do you need assistance with parenting orders or any other Family Court matter? Please contact Cristina Huesch or one of our friendly team here at Alliance Family Law on (02) 6223 2400.



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