Gerard and Baynes and Anor (No. 2)

Case

[2009] FamCA 607

4 June 2009


Details
AGLC Case Decision Date
Gerard and Baynes and Anor (No. 2) [2009] FamCA 607 [2009] FamCA 607 4 June 2009

CaseChat Overview and Summary

Bell J of the Supreme Court of Queensland made orders concerning the living arrangements and time spent with the children Z and T. The dispute involved the mother, the father, and the maternal grandmother, with the court determining the primary residence of the children and the specific arrangements for their time with both the father and the maternal grandmother.

The court was required to determine the primary residence of the children, Z and T, and to establish detailed orders for the time the children would spend with their father and maternal grandmother. This included specifying the duration, frequency, and location of contact, as well as provisions for communication by telephone and the allocation of travel expenses. The court also addressed ancillary matters such as the parties' conduct in the presence of the children, the exchange of contact information, and the disclosure of travel plans.

Bell J ordered that the children, Z and T, live with the Mother. The court then set out comprehensive orders for the children to spend time with and communicate with the Maternal Grandmother, including specific periods during school holidays and regular telephone contact. Similarly, detailed orders were made for the children to spend time with and communicate with the Father, with provisions for increasing contact over time and specific telephone communication arrangements. The orders also included prohibitions against denigration, requirements for information sharing, and stipulations regarding substance use and physical discipline. Furthermore, the court mandated counselling for the maternal grandmother and maternal step-grandfather, and directed the mother to attend a session with Ms R, an Independent Children's Lawyer, to explain the orders to the children, with the father and maternal grandmother having liberty to attend via telephone. The court also provided for the father, maternal grandmother, and maternal step-grandfather to attend school functions and included a fact sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Statutory Construction

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