Flood and Piper and Ors (No. 2)
Case
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[2009] FamCA 209
•16 March 2009
Details
AGLC
Case
Decision Date
Flood and Piper and Ors (No. 2) [2009] FamCA 209
[2009] FamCA 209
16 March 2009
CaseChat Overview and Summary
In *Flood and Piper and Ors (No. 2)*, Barry J of the Family Court of Australia considered parenting orders concerning two children, S and D. The dispute involved the arrangements for the children's living situation, time spent with each parent, and the supervision of contact.
The court was required to determine the appropriate parenting orders, including who would have parental responsibility, where the children would live, the terms of the mother's time with the children, and the conditions under which that time would be supervised. The court also had to consider the role of the paternal grandmother and paternal grandfather in the children's lives and the communication protocols between the parents and relevant authorities.
Barry J discharged all previous parenting orders and made new orders establishing joint parental responsibility between the Father and the Paternal Grandmother. The children were ordered to live with the Father, conditional on him residing with the Paternal Grandmother. The Mother's time with the children was to be supervised, with specific provisions for who could supervise, including the Paternal Grandfather or a nominee approved by the Independent Children's Lawyer. The court also set out detailed arrangements for the Mother's notification of her intention to spend time with the children and imposed restrictions on discussing past allegations of abuse with the children. The Independent Children's Lawyer was to be discharged after six months unless extended by the court.
The court was required to determine the appropriate parenting orders, including who would have parental responsibility, where the children would live, the terms of the mother's time with the children, and the conditions under which that time would be supervised. The court also had to consider the role of the paternal grandmother and paternal grandfather in the children's lives and the communication protocols between the parents and relevant authorities.
Barry J discharged all previous parenting orders and made new orders establishing joint parental responsibility between the Father and the Paternal Grandmother. The children were ordered to live with the Father, conditional on him residing with the Paternal Grandmother. The Mother's time with the children was to be supervised, with specific provisions for who could supervise, including the Paternal Grandfather or a nominee approved by the Independent Children's Lawyer. The court also set out detailed arrangements for the Mother's notification of her intention to spend time with the children and imposed restrictions on discussing past allegations of abuse with the children. The Independent Children's Lawyer was to be discharged after six months unless extended by the court.
Details
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Areas of Law
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Family Law
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Civil Procedure
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Jurisdiction
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Procedural Fairness
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Remedies
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