Glenn & Turner

In the matter of *Glenn & Turner*, Burr J of the Family Court of Australia considered competing applications between a maternal grandmother and the father of a child, following the death of the child's mother in November 2008. Previous orders had stipulated that the child live with the mother and spend increasing periods with the father. The child had been living with the maternal grandmother since January 2006.

The court was required to determine the interim living arrangements for the child and to ensure the child's emotional wellbeing was maintained through regular and meaningful contact with both the applicant grandmother and the respondent father. The court also needed to consider the need for further reports to inform its final decision regarding the child's residence and contact arrangements.

Burr J reasoned that to minimise emotional upheaval pending further reports, no departure from previous orders regarding the child's living arrangements should be made at that interim stage. The court ordered that the child be independently represented by an Independent Children’s Lawyer, with the Legal Services Commission of South Australia tasked with arranging this representation. A family consultant was directed to provide a report on the child's circumstances, including recommendations on residence and contact, observed interactions, the importance of ongoing therapy, and schooling. The court also required an affidavit from the child's therapist detailing their views on progress, the father's involvement in counselling, and future support needs.

The court vacated a directions hearing and adjourned further consideration of the proceedings to a later date. During the adjournment period, specific interim living arrangements were ordered, with the child to live with the father during defined periods and with the applicant maternal grandmother at all other times, subject to existing orders for time with the father.