Bland & Banksia & Anor
Case
•
[2012] FamCA 85
•23 January 2012
Details
AGLC
Case
Decision Date
Bland & Banksia & Anor [2012] FamCA 85
[2012] FamCA 85
23 January 2012
CaseChat Overview and Summary
In the matter of *Bland & Banksia & Anor*, the applicant paternal grandmother sought orders concerning the child C. The proceedings involved the paternal grandmother, the respondent father, and the respondent mother. The court noted that personal service of the documents had not yet been effected upon the mother, but that she was aware of the general nature of the proceedings and the hearing date.
The court was required to determine the interim living arrangements for the child C, the allocation of parental responsibility, and the extent of time the respondent father would spend with C during the adjournment. Furthermore, the court needed to consider whether to grant injunctions restraining the mother from spending time with or taking care of C, and restraining the father from delivering C into the mother's care.
The court reasoned that despite the lack of personal service on the mother, her awareness of the proceedings warranted making interim orders. The court ordered that C live with the applicant paternal grandmother and that the applicant paternal grandmother and the respondent father have equal shared parental responsibility. The respondent father was to spend time with C from after day care on Fridays until Sunday at 5.00 pm, and at other times as agreed. Crucially, the court granted injunctions restraining the respondent father from delivering C to the respondent mother, and restraining the respondent mother from spending time with or taking C into her care.
Further consideration of the proceedings was adjourned to 10.00 am on Monday, 12 March 2012, before Justice Cronin. The applicant paternal grandmother was ordered to take all necessary and reasonable steps to effect service of the proceedings and a sealed copy of the order upon the mother at the earliest opportunity.
The court was required to determine the interim living arrangements for the child C, the allocation of parental responsibility, and the extent of time the respondent father would spend with C during the adjournment. Furthermore, the court needed to consider whether to grant injunctions restraining the mother from spending time with or taking care of C, and restraining the father from delivering C into the mother's care.
The court reasoned that despite the lack of personal service on the mother, her awareness of the proceedings warranted making interim orders. The court ordered that C live with the applicant paternal grandmother and that the applicant paternal grandmother and the respondent father have equal shared parental responsibility. The respondent father was to spend time with C from after day care on Fridays until Sunday at 5.00 pm, and at other times as agreed. Crucially, the court granted injunctions restraining the respondent father from delivering C to the respondent mother, and restraining the respondent mother from spending time with or taking C into her care.
Further consideration of the proceedings was adjourned to 10.00 am on Monday, 12 March 2012, before Justice Cronin. The applicant paternal grandmother was ordered to take all necessary and reasonable steps to effect service of the proceedings and a sealed copy of the order upon the mother at the earliest opportunity.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Procedural Fairness
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Jurisdiction
Actions
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Citations
Bland & Banksia & Anor [2012] FamCA 85
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