Bensley and Delmar and Anor

In the matter of *Bensley and Delmar and Anor*, heard before Judge Middleton, the court considered urgent orders concerning the welfare of two children. The proceedings involved the parents, Mr. Bensley and Ms. Delmar, and the paternal grandmother, Ms. Mott, with the Department of Family and Community Services (the "Intervener") seeking to be joined as a party to the proceedings. The central dispute revolved around the immediate care and safety of the children, necessitating immediate intervention to ensure their well-being.

The primary legal issues before the court were whether to grant leave for the Department of Family and Community Services to intervene in the proceedings, and crucially, what interim orders should be made regarding the parental responsibility for the children, their living arrangements, and the conditions under which any contact with their parents and paternal grandmother would occur. The court also had to consider the terms of any injunctions to be imposed on the parents and grandmother to safeguard the children.

Judge Middleton's reasoning focused on the paramountcy of the children's welfare. The court applied principles of child protection law, necessitating immediate action to remove the children from a potentially unsafe environment. The court ordered that the Minister for Family and Community Services exercise sole parental responsibility for the children, dictating their living arrangements and supervised contact with their parents and paternal grandmother. Significant restrictions were placed on the parents and grandmother, including injunctions preventing them from approaching the children's residences or educational institutions, and prohibiting certain behaviours such as alcohol consumption, abusive language, and discussing the proceedings in the children's presence. The court also mandated compliance with the Intervener's directions, including risk assessments, case plans, and drug testing for the parents.

The court made orders for the children to be removed from the care of the paternal grandmother and placed in the care of the Minister for Family and Community Services. The matter was adjourned for a directions hearing, with liberty granted to the parties to restore the proceedings on seven days' notice. The issue of transferring the matter to the Family Court of Australia was noted for future consideration.