Helu & Merton [2012] FamCA 723 – 18/09/2012

CATCHWORDS:

FAMILY LAW – CHILDREN – With whom a child spends time - Where the children have lived with the Father for several years - Where the residence of the children is not in dispute - Where there are allegations of illicit drug use by the Mother - Where the Family Report writer indicates the children are happy in the Father's care – Where the Mother has not filed any material in the matter.

FAMILY LAW – CHILDREN – With whom a child lives - Where the Father has a child of the Mother’s in his care who is the biological child of the Intervenor – Where the Father and the Intervenor agree it is in the best interests of that child to live with the Intervenor – Where the child has spent significant periods of time with the Intervenor in the preceding twelve months – Where the Mother seeks that the child remain with the Father and not the Intervenor.