Carlos and Carlos and Anor

In the matter of *Carlos and Carlos and Anor*, heard by Judge Phipps, the dispute concerned an application by the maternal grandmother for interim orders relating to a child. The proceedings involved the father, the mother (MS A CARLOS), and the maternal grandmother.

The court was required to determine several legal issues, including the appropriate interim orders for parental responsibility, the child's time and communication with both parents and the maternal grandmother, and whether to grant an injunction restraining the maternal grandmother from facilitating contact between the child and the mother. The court also considered the dismissal of extant applications for interim relief.

Judge Phipps made a series of interim orders. The proceedings were transferred to the Melbourne Registry of the Federal Circuit Court and adjourned. Crucially, the court suspended previous orders made by the Federal Circuit Court on 7 August 2009. The father was granted sole parental responsibility for the child. The child's time and communication with the mother were to be as agreed in writing between the parents, with such time to be supervised by the father. The child was to spend time with the maternal grandmother on the fourth Sunday of each month, with further agreed contact subject to the grandmother abiding by an injunction. This injunction restrained the maternal grandmother from bringing the child into contact with the mother or permitting the child to remain in contact with her. Furthermore, both the father and the maternal grandmother were restrained from discussing the proceedings or denigrating the other party or their family members in the presence or hearing of the child. Changeovers were to occur at a specified location. All other extant applications for interim relief were dismissed.