Grainor and Grainor and Anor

Case

[2009] FamCA 1129

17 November 2009


Details
AGLC Case Decision Date
Grainor and Grainor and Anor [2009] FamCA 1129 [2009] FamCA 1129 17 November 2009

CaseChat Overview and Summary

This matter concerned an application before Barry J in the Family Court of Australia, involving the Paternal Grandmother, the Mother, and the Father, in relation to the children K and E. The dispute centred on the parental responsibility and living arrangements for the children, as well as the nature and extent of the children's time with and communication with their parents.

The court was required to determine the terms of consent orders governing the children's care and contact arrangements. Specifically, the court needed to establish who would have sole parental responsibility, where the children would live, and the conditions under which the children would spend time with and communicate with both the Mother and the Father. The orders also addressed the provision of school reports and photographs, the potential relocation of the children, and the review of the parenting arrangements.

By consent, Barry J ordered that the Paternal Grandmother have sole parental responsibility for the children, and that the children live with her. The children were to spend time with and communicate with the Mother at times agreed between the Paternal Grandmother and the Mother. For the Father, contact was to occur only if initiated by the children, subject to the Father providing, at his cost, a recent supervised drug test showing no illicit substance use and a medical report from his general practitioner confirming he posed no risk to the children. If these conditions were met, supervised visits of no more than four hours each, occurring no more than once a month, were to be arranged at the Gold Coast Contact Centre, with the Father meeting all associated costs. Communication by telephone was also permitted, initiated by the children, or once a month at a time nominated by the Paternal Grandmother. The orders also stipulated notice periods for relocation, a review date, and the provision of contact details for support services.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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