Jenkins and Daniels and Ors

Case

[2016] FCCA 943

12 May 2016


Details
AGLC Case Decision Date
Jenkins and Daniels and Ors [2016] FCCA 943 [2016] FCCA 943 12 May 2016

CaseChat Overview and Summary

In *Jenkins and Daniels and Ors*, heard before Judge Altobelli, the proceedings concerned parenting arrangements for a child, X, born in 2009. The dispute involved the child's mother, father, maternal grandmother, and paternal grandmother. The orders made were by consent between the applicant mother, the second respondent maternal grandmother, and the third respondent paternal grandmother.

The court was required to determine the long-term parental responsibility for the child, where the child would live, and the extent of time the child would spend with each parent and grandparent. Additionally, the court needed to consider protective measures for the child, including restraining orders against the father and conditions relating to the mother's rehabilitation and substance use.

The court's reasoning, as reflected in the consent orders, prioritised the child's welfare by discharging previous orders and granting sole parental responsibility for long-term decisions to the maternal grandmother. The child was ordered to live with the maternal grandmother, with no time to be spent with the father. Significant restraining orders were made against the father, prohibiting contact with the mother, maternal grandmother, and the child, with a power of arrest attached. The mother was to have supervised time with the child, with the maternal grandmother supervising. The paternal grandmother was allocated specific periods of time with the child, with strict conditions to prevent contact with the father. Further orders addressed communication between the parties regarding the child's welfare, education, and medical needs, as well as prohibitions on derogatory remarks and substance use. The mother was also ordered to undertake residential rehabilitation for drug and alcohol issues and continue domestic violence counselling.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346