Granger & Collett (No.3)

Case

[2007] FamCA 1119

12 September 2007


Details
AGLC Case Decision Date
Granger & Collett (No.3) [2007] FamCA 1119 [2007] FamCA 1119 12 September 2007

CaseChat Overview and Summary

In *Granger & Collett (No.3)*, Dawe J of the Family Court of Australia considered applications by the mother and father concerning the living arrangements and time spent with their two children, R (born February 2000) and B (born May 1997). The dispute involved the parents' differing proposals for the children's care and communication between the parents.

The court was required to determine the appropriate orders for the children's residence and time with each parent, considering the existing orders and the circumstances of the parties. Key issues included establishing a stable week-about living arrangement for R, defining B's time with the mother with consideration for B's wishes, and regulating communication between the parents and the children. The court also had to address practical arrangements for handovers, the disclosure of parental rosters and rehabilitation history, and the involvement of the mother's new partner.

Dawe J discharged previous orders regarding the children's living arrangements and made new orders. R was to live with the father and mother on a week-about basis, with handovers occurring at school on Fridays. B was to live with the father and spend alternate weekends with the mother, with this time subject to negotiation based on B's wishes, and the father was directed to encourage B to spend time with the mother. The court continued provisions for telephone contact and made orders regarding communication by SMS and an injunction restraining motorcycle-related activities. Further, both parties were ordered to file affidavits detailing their rosters, arrangements for the children outside of school hours, and their drug and alcohol rehabilitation history. The mother was also required to provide particulars regarding her partner, L, and his partner, M, including their occupations, rosters, experience with children, and criminal and drug/alcohol records. The court directed the parties to investigate suitable parenting and children's programmes and to make inquiries about family dispute resolution services in Darwin, with a view to attending such services to resolve their differences.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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