Bostridge and Smallwood

This matter came before Bennett J concerning the welfare of a child, E. The proceedings involved the child's parents, Mr Bostridge (the father) and the mother, and the paternal grandmother, Mr Bostridge. The dispute centred on the living arrangements and contact arrangements for the child.

The court was required to determine several legal issues, including the appropriate living arrangements for the child, the terms of the child's time and communication with each parent, and the supervision of contact. The court also considered the discharge and variation of previous orders concerning the child's care and contact. Further issues included the mother's ability to remove the child from the father's care, the enrolment of the child in supervised contact services, and the manner in which the parents could refer to each other in the child's presence.

Bennett J made a series of orders addressing these issues. The court ordered that the child live with the father and discharged previous orders for the child to live with and spend time with the mother and father. The mother was granted specific supervised time and communication with the child, with supervision to be provided by an approved person. The mother was restrained from removing the child from the father's care. Both parents were directed to enrol the child in supervised contact services and accept the first offer of time. The court also made orders regarding the parents' communication about each other in the child's presence and the child's day care arrangements. The court noted that the Department of Health and Human Services supported the child living with the father.