Denny and Purdy

In the matter of N Denny, S Denny, M Denny and C Denny, Burr J of the Supreme Court of South Australia considered an application concerning the welfare of four children. The proceedings involved the parents, identified as Denny and Purdy, and the Minister for Families and Communities. The dispute centred on arrangements for the children's care and contact with their parents, particularly in light of criminal proceedings involving the father.

The court was required to determine appropriate interim arrangements for the children during an adjournment of the proceedings. Key issues included the extent of contact the children would have with their mother, the conditions attached to such contact, and measures to protect the children from exposure to sensitive information related to the ongoing legal matters. The court also considered the father's role in facilitating the children's engagement with counselling and communication between the parents.

Burr J's decision was informed by submissions from counsel, an intimation from the Minister's representative regarding a departmental review, and an agreement reached by the parties. The court noted the Department for Families and Communities' commitment to undertaking a detailed review of the family's circumstances and potential beneficial outcomes for the children. The parties consented to the Department contacting relevant organisations and schools. The court acknowledged the parties' agreement on interim measures and their intention to engage in Alternative Dispute Resolution, subject to conditions on the mother's suspended sentence. The father agreed to encourage one of the children, S, to spend time with the mother.

During the period of adjournment until 17 August 2009, the court ordered that the children spend time with the mother each weekend from Saturday 10:00 am to Sunday 5:00 pm, with the time spent by N and S being subject to their wishes. Injunctions were granted restraining both parents from discussing the proceedings or criminal matters relating to the father with or in the presence of the children, and from showing the children any related documents. The mother was ordered to ensure the children were not left alone with Mr Purdy during her care. Handovers were to occur at the X CCS, or the X Police Station if CCS was unavailable. The father was directed to ensure child S was engaged in counselling and to acquire a communication book for exchanging relevant information about the children.