Department of Community Services and Buckley & Ors

This matter concerned parenting orders for two children, L and C, involving the Department of Community Services (represented by the Director General), the Minister for Community Services, L's maternal grandfather (Mr D Bennett), L's mother (Ms Bennett), L's father (Mr Buckley), C's mother (Ms Anderson), and the Independent Children's Lawyer. The dispute revolved around the care, welfare, and development of L and C, with various parties seeking specific parenting arrangements. The proceedings were before Collier J.

The court was required to determine the appropriate parenting orders for L and C, considering the complex family dynamics and the involvement of state child protection agencies. Key issues included the allocation of parental responsibility, the living arrangements for the children, the nature and extent of contact with each parent and other family members, and the conditions and supervision required to ensure the children's safety and well-being. The court also had to address undertakings given by L's mother and the specific requirements for supervised contact.

Collier J made orders by consent, discharging previous parenting orders. For L, equal shared parental responsibility was initially ordered between the Minister and her maternal grandfather for one year, followed by equal shared parental responsibility between the maternal grandfather and mother for two years, and ultimately sole parental responsibility for the mother, subject to compliance with undertakings and Director General requirements. The maternal grandfather was to have L's day-to-day care and residence during these periods, subject to supervision by the Director General, including random home visits and the requirement to enrol L in daycare. The father, Mr Buckley, was restrained from various behaviours in the presence of L or C, including being under the influence of drugs or alcohol and exposing them to violence or drug paraphernalia. L's mother was also subject to restraints, including being alone with L without supervision and contact with the father except as ordered. For C, she was ordered to live with her mother, Ms Anderson, with specific supervised contact arrangements for the father. The court also made orders regarding the children spending time together and the notification of serious illness.