Jenkins and Daniels and Ors
Case
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[2018] FCCA 976
•10 August 2018
Details
AGLC
Case
Decision Date
Jenkins and Daniels and Ors [2018] FCCA 976
[2018] FCCA 976
10 August 2018
CaseChat Overview and Summary
In the matter of *Jenkins and Daniels and Ors*, heard by Judge Altobelli, the dispute concerned the parental responsibility and living arrangements for a child born in 2009. The proceedings involved the Maternal Grandmother, the Mother, and the Father, with the court ultimately making orders regarding the child's care and contact with the parents and paternal grandmother.
The court was required to determine who should have sole parental responsibility for the child, where the child should live, and the nature and extent of contact the child would have with the Mother and the Father. Further issues included the arrangements for supervised time with the Paternal Grandmother, the responsibilities of the parties in facilitating this contact, and the provision of information between the Maternal Grandmother and the Mother regarding the child's welfare. The court also addressed the need for therapeutic intervention for the parties.
Judge Altobelli ordered that the Maternal Grandmother have sole parental responsibility for the child, with the child to live with her. The child was to spend time with the Mother at the Maternal Grandmother's discretion, but crucially, the child was not to spend time with the Father. Supervised time between the child and the Paternal Grandmother was to occur between four and six times annually, facilitated by a contact centre, with the Paternal Grandmother bearing the costs. The orders also stipulated detailed communication requirements between the Maternal Grandmother and the Mother concerning the child's health, education, and social activities, and permitted the Mother to enrol the child in sport with the Maternal Grandmother's consent. The court further mandated therapeutic intervention for the Maternal Grandmother and Mother, with the potential for the Paternal Grandmother's participation, to address issues arising from the cessation of contact with the Father.
The court was required to determine who should have sole parental responsibility for the child, where the child should live, and the nature and extent of contact the child would have with the Mother and the Father. Further issues included the arrangements for supervised time with the Paternal Grandmother, the responsibilities of the parties in facilitating this contact, and the provision of information between the Maternal Grandmother and the Mother regarding the child's welfare. The court also addressed the need for therapeutic intervention for the parties.
Judge Altobelli ordered that the Maternal Grandmother have sole parental responsibility for the child, with the child to live with her. The child was to spend time with the Mother at the Maternal Grandmother's discretion, but crucially, the child was not to spend time with the Father. Supervised time between the child and the Paternal Grandmother was to occur between four and six times annually, facilitated by a contact centre, with the Paternal Grandmother bearing the costs. The orders also stipulated detailed communication requirements between the Maternal Grandmother and the Mother concerning the child's health, education, and social activities, and permitted the Mother to enrol the child in sport with the Maternal Grandmother's consent. The court further mandated therapeutic intervention for the Maternal Grandmother and Mother, with the potential for the Paternal Grandmother's participation, to address issues arising from the cessation of contact with the Father.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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