Jordan and Callaghan and Ors

This matter concerned an application before Cleary J of the Family Court of Australia, brought by Ms Jordan and Mr Callaghan, who were the parents of two children, C and T. The dispute revolved around the future care arrangements for the children, including where they would live, with whom they would spend time, and the allocation of parental responsibility. The proceedings also involved Ms P and Mr P, who were acting as carers for the children, and the Minister for the Department of Family and Community Services.

The court was required to determine several key issues. These included the primary residence of the children, C and T, and the extent to which parental responsibility should be allocated to Ms Jordan and Mr Callaghan, or to the Minister. The court also needed to establish specific contact arrangements between the children and their parents, as well as with their paternal grandmother, Ms S. Furthermore, the court had to consider orders to protect the children from criticism by the parties and to address issues of parental conduct, including substance use by Mr Callaghan.

In reaching its decision, Cleary J made orders for the children to live with Ms P and Mr P, with a change of residence to occur within 42 days. Parental responsibility was largely allocated to Ms P, with specific exceptions for contact with the mother and father. Crucially, the Minister was allocated responsibility for determining the time the children spent with their parents and for managing their communication with them. Detailed contact schedules were established for C with his father, Mr Callaghan, and with his paternal grandmother, Ms S, with provisions for Mr Callaghan to spend time with C during Ms S's weekends, but not overnight. The court also imposed significant restraints on the parents, preventing them from attending the children's residences, schools, or other frequented places without authority, and restraining them from allowing unauthorised contact. Additionally, all parties were ordered to refrain from criticising each other or other family members in the presence of the children, and Mr Callaghan was restrained from using marijuana when C was in his care. Finally, Ms P, Mr P, and Ms S were directed to undertake educational courses concerning children who have experienced abuse and domestic violence.