Grant and Attard

Case

[2016] FamCA 885

20 October 2016


Details
AGLC Case Decision Date
Grant and Attard [2016] FamCA 885 [2016] FamCA 885 20 October 2016

CaseChat Overview and Summary

In Grant and Attard, heard by Cronin J, the dispute concerned parenting orders for a child, B, born in 2007. The orders addressed the child's living arrangements, time with and communication from the mother and her family, and the mother's proximity to the child's home and school.

The court was required to determine the appropriate interim parenting arrangements for B, considering the safety and welfare of the child. This involved assessing the extent to which the mother and her family should have contact with B, and whether any restrictions or supervision were necessary. The court also had to consider the role of an Independent Children's Lawyer and the provision of information to relevant parties and institutions.

Cronin J applied principles of child welfare and safety in making interim orders. The court suspended existing parenting orders relating to the mother's time and communication with B, ordered that B live with the husband, and issued an injunction restraining the mother and her family from spending time with or communicating with B, or being in the vicinity of his home or school, except as otherwise provided. Supervised time with the mother at a children's contact centre was ordered, with costs to be shared equally. The court also directed the provision of its reasons and specific instructions to the contact centre and mandated the completion of intake requirements. The particulars of the obligations and consequences of contravention were to be set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346
Fleming v The Queen [1998] HCA 68
Stott & Holgar [2017] FamCAFC 152