Drew and Carter

Case

[2013] FamCA 1046

10 December 2013


Details
AGLC Case Decision Date
Drew and Carter [2013] FamCA 1046 [2013] FamCA 1046 10 December 2013

CaseChat Overview and Summary

In the matter of *Drew and Carter*, Benjamin J of the Family Court of Australia made orders concerning the welfare of two children, B and C. The dispute involved the parents, Ms. Carter (the mother) and Mr. Drew (the father), and the paternal grandmother, Ms. Drew, who sought and was granted parental responsibility for the children.

The court was required to determine the appropriate parenting arrangements for the children, including who would exercise parental responsibility, where the children would live, and the nature and extent of contact between the children and each parent. The court also considered the need for supervision of the parents' contact with the children and the provision of therapeutic support.

Benjamin J ordered that all previous parenting orders be suspended and that the paternal grandmother exercise parental responsibility, with the children to live with her. The father was permitted supervised contact twice weekly, with specific restrictions on his personal care of the children and prohibitions against sharing a bed with them. The mother was granted supervised time with the children, as otherwise ordered or agreed. The court also imposed restraints on both parents removing the children from Tasmania and on hindering the children's current residential arrangements. Crucially, a Recovery Order was issued, authorising law enforcement to recover the children and deliver them to the father in the presence of the paternal grandmother, indicating a significant concern for the children's immediate safety and well-being. The paternal grandmother was directed to arrange therapeutic counselling for the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Injunction

  • Costs

  • Procedural Fairness

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