DOZIC AND anor & Department of Child Safety, Youth and Women AND ors
Case
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[2019] FamCA 312
•16 May 2019
Details
AGLC
Case
Decision Date
DOZIC AND anor & Department of Child Safety, Youth and Women AND ors [2019] FamCA 312
[2019] FamCA 312
16 May 2019
CaseChat Overview and Summary
This matter concerned a dispute over the residence of a child, X, between the maternal grandparents, Ms Dozic and Mr Dozic, and the paternal grandmother, Ms Jennings. Neither the child's mother nor father were candidates for residence. The child was also subject to a child welfare order made by the Children's Court. The court made no findings of unacceptable risk associated with any of the grandparents.
The court was required to determine who should have parental responsibility for the child and to make orders regarding the child's living arrangements, including during school terms, school holidays, and special occasions. The court also needed to address arrangements for overseas travel and the sharing of information regarding the child's education and health.
The court ordered that the paternal grandmother, Ms Jennings, would have sole parental responsibility for major long-term decisions concerning the child, including education, religion, health, name, and significant changes to living arrangements. However, she was required to consult with the maternal grandparents, the mother, and the father before making such decisions, making a genuine effort to reach a joint decision. If agreement could not be reached, Ms Jennings would have the final decision-making authority. The maternal grandparents were granted responsibility for decisions about issues that were not classified as major long-term issues when the child was in their care. The court then detailed specific living arrangements, dividing the child's time between the paternal grandmother and the maternal grandparents during school terms and holidays, with provisions for time with the mother and father. Further orders addressed special occasions, overseas travel, and the exchange of information between the parties.
The court was required to determine who should have parental responsibility for the child and to make orders regarding the child's living arrangements, including during school terms, school holidays, and special occasions. The court also needed to address arrangements for overseas travel and the sharing of information regarding the child's education and health.
The court ordered that the paternal grandmother, Ms Jennings, would have sole parental responsibility for major long-term decisions concerning the child, including education, religion, health, name, and significant changes to living arrangements. However, she was required to consult with the maternal grandparents, the mother, and the father before making such decisions, making a genuine effort to reach a joint decision. If agreement could not be reached, Ms Jennings would have the final decision-making authority. The maternal grandparents were granted responsibility for decisions about issues that were not classified as major long-term issues when the child was in their care. The court then detailed specific living arrangements, dividing the child's time between the paternal grandmother and the maternal grandparents during school terms and holidays, with provisions for time with the mother and father. Further orders addressed special occasions, overseas travel, and the exchange of information between the parties.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Natural Justice
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Remedies
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Standing
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Judicial Review
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