Brack & Anor and Brack & Anor (No 2)

This matter came before Dawe J concerning an Initiating Application filed on 24 December 2010 and an Application in a Case filed on 28 March 2011. The dispute involved the applicant maternal grandmother and her partner (Mr T) seeking orders concerning the children Y and D, with the second respondent being Mr B and the mother also a party to the proceedings.

The court was required to determine the interim arrangements for the children's time with their maternal grandmother and her partner, and with their mother, during an adjournment of further consideration of the applications. Additionally, the court needed to address the mother's participation in the proceedings, the father's time with one of the children, and an injunction to restrain the mother from removing the children from their current place of residence.

Dawe J ordered an extension of time for the second respondent to file his response and affidavit. The court adjourned further consideration of the applications to 20 May 2011. Interim orders were made for the children to spend time with the applicant maternal grandmother and her partner each weekend from Friday afternoon until Sunday evening, and with the mother each Wednesday. The order for the children to spend time with the maternal grandmother and her partner was suspended on weekends when the father was exercising his time with one of the children. An injunction was granted restraining the mother from removing the children from their current residence, with provisions for service of documents on the mother. The court also recommended that the parties attend a Dispute Resolution Conference, with a suggestion for the maternal grandmother and her partner to be included.