DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CRENNAN

Case

[2015] FamCA 49

4 February 2015


Details
AGLC Case Decision Date
DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CRENNAN [2015] FamCA 49 [2015] FamCA 49 4 February 2015

CaseChat Overview and Summary

The parties to this matter were the Director-General, Department of Communities, Child Safety and Disability Services (the Applicant) and Ms Crennan (the Respondent Mother). The dispute concerned the welfare and best interests of a child, R, born in 2008. The proceedings were before Kent J in the Family Court of Australia.

The legal issues before the Court included whether to grant an injunction restraining the Respondent Mother from removing the child from Australia, requiring her to provide notice of any change of residence, and placing the child's name on the Family Law Watchlist. The Court was also required to determine arrangements for the child's time with his Father and the nature of their communication, and to consider a report to be prepared by a Family Consultant regarding the child's best interests in relation to contact with his Father.

By consent, the Court made orders restraining the Respondent Mother from removing the child from Australia and requiring her to provide one week's written notice of any change of the child's usual day-to-day residence. The Commissioner of the Australian Federal Police was ordered to place the child's name on the Family Law Watchlist for two years. The Court also made orders for the child to spend time with the Father at a contact centre and to communicate with him weekly by telephone or Skype. A report was ordered to be prepared by a Family Consultant to assist the Court in determining the child's best interests regarding ongoing time and communication with his Father. Procedural orders were also made regarding the filing and service of documents and the listing of the matter for hearing.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Judicial Review

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