Grillo and Arthur (No 2)
Case
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[2014] FamCA 645
•12 August 2014
Details
AGLC
Case
Decision Date
Grillo and Arthur (No 2) [2014] FamCA 645
[2014] FamCA 645
12 August 2014
CaseChat Overview and Summary
This matter came before Berman J concerning orders relating to a child. The dispute involved the parents' arrangements for the child's therapeutic counselling and contact with the father and his daughter.
The court was required to determine the specific terms of therapeutic counselling for the child, including the participants and the objectives of the therapy. Further issues included the structure and commencement of the child's time with the father's daughter, the father's subsequent involvement, and the therapeutic counselling arrangements for both parents. The court also needed to address the locations for handovers, the obtaining of reports from professionals, and the prohibition of discussing the proceedings with the child.
Berman J ordered the discharge of certain previous orders and made new directions regarding the child's therapeutic counselling with Mr F, aimed at re-establishing the child's relationship with the father. The sessions were to commence with the child and Mr F alone, then include the father's daughter and her children, and subsequently the father as deemed appropriate by Mr F. The mother was directed to facilitate the child spending time with the father's daughter, with the father to be at liberty to attend after a period. Both parents were ordered to engage in separate therapeutic counselling, with the mother's directed towards facilitating the child's relationship with the father, and the father's towards managing the re-introduction process and facilitating his relationship with the child and mother. Handovers were to occur at a specified contact service or police station. The Independent Children's Lawyer was directed to obtain reports from Mr F and Ms L following the completion of certain sessions and interactions, and leave was granted to file these reports. The parties were restrained from discussing the proceedings with the child, except as necessary for facilitating attendance at counselling. The parties were also ordered to seek acceptance into the contact service for supervised handover and potential observed interaction. Outstanding interim proceedings were dismissed.
The court was required to determine the specific terms of therapeutic counselling for the child, including the participants and the objectives of the therapy. Further issues included the structure and commencement of the child's time with the father's daughter, the father's subsequent involvement, and the therapeutic counselling arrangements for both parents. The court also needed to address the locations for handovers, the obtaining of reports from professionals, and the prohibition of discussing the proceedings with the child.
Berman J ordered the discharge of certain previous orders and made new directions regarding the child's therapeutic counselling with Mr F, aimed at re-establishing the child's relationship with the father. The sessions were to commence with the child and Mr F alone, then include the father's daughter and her children, and subsequently the father as deemed appropriate by Mr F. The mother was directed to facilitate the child spending time with the father's daughter, with the father to be at liberty to attend after a period. Both parents were ordered to engage in separate therapeutic counselling, with the mother's directed towards facilitating the child's relationship with the father, and the father's towards managing the re-introduction process and facilitating his relationship with the child and mother. Handovers were to occur at a specified contact service or police station. The Independent Children's Lawyer was directed to obtain reports from Mr F and Ms L following the completion of certain sessions and interactions, and leave was granted to file these reports. The parties were restrained from discussing the proceedings with the child, except as necessary for facilitating attendance at counselling. The parties were also ordered to seek acceptance into the contact service for supervised handover and potential observed interaction. Outstanding interim proceedings were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Costs
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Procedural Fairness
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Judicial Review
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