Director General, Department of Family and Community Services and Santorno and Anor (No 2)

Case

[2015] FamCA 410

2 June 2015


Details
AGLC Case Decision Date
Director General, Department of Family and Community Services and Santorno and Anor (No 2) [2015] FamCA 410 [2015] FamCA 410 2 June 2015

CaseChat Overview and Summary

The Director General of the Department of Family and Community Services sought to vary existing Family Court orders concerning the children of the marriage, with the mother, Santorno, and the father being the other parties. The proceedings concerned the arrangements for the children's time with their mother.

The court was required to determine whether to discharge or vary the existing orders, specifically those relating to the mother's time with the children, and to consider the appropriate level of supervision and therapeutic intervention for the children. The court also had to consider the mother's conduct and its impact on the children and the care arrangements.

Hannam J discharged certain previous orders and made new orders for the children to spend time with the mother on at least six occasions per year for a minimum of two hours each, with this time to be supervised by the Secretary of the Department of Family and Community Services. The mother was prohibited from behaving in a threatening or aggressive manner towards the children, care workers, supervisor, or foster parents. The Secretary was also directed to arrange for the children to attend therapy with a specialist, in accordance with a psychiatrist's report, and the therapist was to be provided with a copy of that report and any relevant orders. Existing orders applying to the mother were otherwise confirmed, and all outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Natural Justice

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

SANTARNO & SANTARNO [2011] FamCA 169
Prewett & Mann [2013] FamCAFC 130
Langmeil & Grange [2013] FamCAFC 31