Bilney and Brisco and Anor (No 2)

Case

[2011] FamCA 726

5 September 2011


Details
AGLC Case Decision Date
Bilney and Brisco and Anor (No 2) [2011] FamCA 726 [2011] FamCA 726 5 September 2011

CaseChat Overview and Summary

This matter came before the Honourable Justice Burr of the Supreme Court of South Australia. The proceedings concerned the welfare of two children, C and J. The court noted that criminal proceedings against the maternal grandmother and the father had been resolved prior to this hearing.

The court was required to determine several issues, including the dismissal of an application filed by the mother, the conditions for any proposed alternative supervisors for the mother's time with the children, the procedure for the mother to advance further allegations against the father, and the Independent Children's Lawyer's role in investigating allegations and arranging supervised contact. The court also needed to make orders regarding the children's living arrangements and the mother's contact with them during the adjournment period.

The court dismissed the mother's application. It set strict conditions for any proposed supervisors, requiring them to file affidavits of willingness, acknowledge receipt and understanding of a pamphlet on supervisor responsibilities, provide contact details to the Independent Children's Lawyer, and attend an assessment meeting with the Independent Children's Lawyer and be present at the adjourned hearing. The mother was also required to file any further allegations against the father by affidavit. The Independent Children's Lawyer was directed to investigate allegations made by the mother with the children's school and to arrange supervised contact for the mother at a contact centre pending the appointment of independent supervisors. The court ordered that the children live with the father, suspended contact between the maternal grandmother and the children, and ordered that the mother spend time with the children at a contact centre on a fortnightly Sunday basis.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Standing

  • Remedies

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