Dale and Mills and Anor

This matter concerned an application before Benjamin J in the Family Court of Australia, involving the children K, T, Y, and R, and their maternal grandmother, Ms Dale, and their parents. The central dispute revolved around the living arrangements and parental responsibility for the children.

The court was required to determine the primary residence of the children, the allocation of parental responsibility, and the nature and extent of contact the children would have with each of their parents. Further issues included the grandmother's obligations in making decisions regarding the children's long-term care, welfare, and development, and specific conditions to be imposed on the parents concerning their behaviour and the children's safety.

Benjamin J ordered that the children live with the maternal grandmother, Ms Dale, who was granted sole parental responsibility. In exercising this responsibility, the grandmother was directed to consult with the father regarding long-term decisions and to take his views into account, while also informing both parents of any decisions made. The children were to spend time with the father as agreed with the paternal grandmother. Contact with the mother was significantly restricted, requiring supervision by the maternal grandmother or another nominated person, or by agreement with the paternal grandmother or a court. The orders also included specific prohibitions against excessive alcohol consumption and exposure to violence, and by consent, a prohibition against physical discipline of the children. The court also directed the Independent Children's Lawyer to forward relevant documents to the Department of Child Safety and expressed concern for the youngest child, L, requesting an investigation into her safety.