Devers and Pellett and Anor

This matter came before Judge Young concerning parenting arrangements for a child named X, born in 2013. The dispute involved the paternal grandmother, the first respondent mother, and the Independent Children’s Lawyer. The orders made were agreed between the paternal grandmother and the Independent Children’s Lawyer, but opposed by the mother.

The court was required to determine the specific arrangements for X to spend time with the paternal grandmother, including during weekends and school holidays. Additionally, the court needed to address communication between the parties, the mother's obligations regarding X's schooling and residence, and the appointment of a family consultant to prepare a family report. The court also considered provisions for the Independent Children’s Lawyer to liaise with X’s school and for the parties to engage in counselling.

Judge Young made orders suspending previous arrangements and establishing a detailed schedule for X to spend time with the paternal grandmother. These orders included specific provisions for weekends, school holidays, and special occasions such as Christmas Day and X’s birthday. The court also ordered the mother to engage in individual counselling, restrained the parties from using X as a conduit for communication, and prohibited the mother from changing X’s school or relocating his residence from the Darwin area. The court further directed the grandmother to be listed as a second emergency contact at X’s school and authorised the Independent Children’s Lawyer to obtain information from the school. Crucially, the court ordered the parties and X to attend upon a family consultant for the preparation of a family report, outlining the matters the report should address and the procedures for its dissemination and potential release. The matter was adjourned for further consideration.