Arbour and Odems and Anor

This matter concerned an application by Ms Arbour, the maternal grandmother, for parental responsibility and living arrangements for two children, X and Y. The application was made against the children's mother, Ms Odems, and their father. The proceedings were before Judge Young.

The court was required to determine the legal issues surrounding the allocation of parental responsibility, the primary residence of the children, and the time the children would spend with each parent. Additionally, the court needed to consider the terms of any injunctions or restraints to be imposed on the parties, particularly concerning the father's conduct and the protection of the children. The court also had to address provisions for communication between the children and their parents, and the exchange of information regarding the children's health and education.

The orders made by the court were by consent between the applicant maternal grandmother and the first respondent mother. The second respondent father did not attend court or participate in the proceedings. The court ordered that Ms Arbour have sole parental responsibility for the children, including decisions regarding their health, schooling, passports, overseas travel, and relocation within Australia. The children were ordered to live with Ms Arbour. Specific arrangements were made for the children to spend time with the mother, including alternate Sundays and monthly weekends, with provisions for school holidays. Supervised time with the father was also ordered, subject to his notification and payment for the supervised contact service. Injunctions were granted against the father, restraining him from causing harm, abuse, or harassment, and from entering certain locations. Both parents were restrained from speaking negatively about each other or their families in the children's presence and from using physical discipline.

The court also made orders authorising Ms Arbour to obtain passports for the children without parental signatures and to change the children's surnames on their birth certificates. Provisions were included for telephone communication between the children and both parents, and for the exchange of information regarding the children's health and education with their treating professionals and schools. The father's non-participation in previous court events and dispute resolution processes was noted.