FAMILY COURT OF AUSTRALIA
| LAWSON & WARREN AND ORS | [2011] FamCA 38 |
| FAMILY LAW – CHILDREN – where mother and father have long histories of drug abuse – where in parents’ care child exposed to abuse, neglect and violence – where mother placed child with paternal grandmother prior to mother being sentenced to term of imprisonment – where maternal great-grandmother sought to have child live with her – child of mixed indigenous and non-indigenous heritage – risk assessment – where child requires long term reparative environment – effect of changing child’s circumstances – child ordered to live with paternal grandmother and spend time with maternal great-grandmother – child to have supervised time with mother |
| Family Law Act 1975 (Cth) |
| Australian Securities and Investment Commission v Reid [2005] FCA 1274 Concrete Pty Limited v Parramatta Design and Developments Pty Limited (2006) 229 CLR 577 Ebner v Official Trustee (2000) 205 CLR 337 Goode & Goode (2006) FLC 93-286 Hort & Verran (2009) FLC 93-418 Johnson v Johnson (2000) 201 CLR 488; (2000) FLC 93-041 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Mazorski v Albright (2007) Fam LR 516 McCall & Clark (2009) FLC 93-405 Minister for Immigration & Multicultural Affairs v Jia (2001) 178 ALR 421 Strahan & Strahan (Disqualification) (2009) FLC 93-414 |
| APPLICANT: | Mrs Lawson |
| 1st RESPONDENT: | Mrs Warren Senior |
| 2nd RESPONDENT: | Ms Warren |
| 3rd RESPONDENT: | Mr Lawson |
| INDEPENDENT CHILDREN’S LAWYER: | Boyd Olsen |
| FILE NUMBER: | NCC | 2311 | of | 2008 |
| DATE DELIVERED: | 4 February 2011 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Newcastle |
| JUDGMENT OF: | Ryan J |
| HEARING DATE: | 7, 8,12,13 and 21 April 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms K O’Rourke |
| SOLICITOR FOR THE APPLICANT: | Legal Aid NSW |
| COUNSEL FOR THE 1ST RESPONDENT: | Ms D Burns |
| SOLICITOR FOR THE 1ST RESPONDENT: | Women’s Legal Service |
| COUNSEL FOR THE 2ND RESPONDENT: | Ms V Hollins |
| SOLICITOR FOR THE 2ND RESPONDENT: | Ms Gilbert |
| COUNSEL FOR THE 3RD RESPONDENT: | No appearance |
| SOLICITOR FOR THE 3RD RESPONDENT: | No appearance |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr T Bates |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Boyd Olsen Lawyers |
Orders
The applicant Mrs Lawson (“the paternal grandmother”) and the respondent Ms Warren Senior (“the maternal great-grandmother”) have equal parental responsibility for the child S born … September 2002 (“the child”).
The maternal great-grandmother have sole responsibility for decisions as to the child’s day to day care when the child is spending time with her and the paternal grandmother has that responsibility at all other times.
The child live with the paternal grandmother.
Until such time that the child commences high school, the maternal great-grandmother spend time with the child as follows:
(a)During the school holidays of the Terms 1, 2 and 3 New South Wales gazetted public school holidays, commencing the first Monday morning of the school holidays and concluding the last Friday afternoon of the school holidays;
(b)During the weekend following the fifth week of the New South Wales gazetted public school term from Friday to Sunday provided the maternal great-grandmother gives the paternal grandmother…
Keep reading for free
Create a free CaseChat account to read Lawson and Warren and Ors and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] FamCA 38
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent of parental responsibility to be shared between the paternal grandmother and the maternal great-grandmother, and to establish specific orders regarding the child's living arrangements, the time each party would spend with the child, and the allocation of responsibility for day-to-day care decisions. Further issues included the arrangements for the mother's contact with the child, both during her period of custody and upon her release, including conditions related to drug testing and supervised contact. The court also had to address communication protocols between the parties and restrictions placed upon the mother and father regarding contact with the child.
Ryan J ordered that the paternal grandmother and the maternal great-grandmother share equal parental responsibility for the child. The child was to live with the paternal grandmother, who would have responsibility for day-to-day care decisions when the child was not with the maternal great-grandmother. The maternal great-grandmother was granted responsibility for day-to-day care decisions when the child was with her. Detailed provisions were made for the maternal great-grandmother's time with the child, including during school holidays and weekends, with specific arrangements for even and odd-numbered years. The court also stipulated conditions for the mother's contact with the child, including supervised contact and mandatory drug testing for a period following successful completion of a rehabilitation program. The father was restrained from communicating or spending time with the child, and both parents were subject to significant restrictions concerning contact with the child, including proximity orders.
Orders
Orders of the court
1.
The applicant Mrs Lawson (“the paternal grandmother”) and the respondent Ms Warren Senior (“the maternal great-grandmother”) have equal parental responsibility for the child S born … September 2002 (“the child”).
2.
The maternal great-grandmother have sole responsibility for decisions as to the child’s day to day care when the child is spending time with her and the paternal grandmother has that responsibility at all other times.
3.
The child live with the paternal grandmother.
4.
Until such time that the child commences high school, the maternal great-grandmother spend time with the child as follows:
(a) During the school holidays of the Terms 1, 2 and 3 New South Wales gazetted public school holidays, commencing the first Monday morning of the school holidays and concluding the last Friday afternoon of the school holidays;
(b) During the weekend following the fifth week of the New South Wales gazetted public school term from Friday to Sunday provided the maternal great-grandmother gives the paternal grandmother 14 days notice of her intention to spend time with the child;
(c) In even numbered years, commencing 2012, for four (4) weeks of the New South Wales gazetted public Christmas school holiday period, commencing on the first Saturday of the school holiday period and concluding on the fourth Saturday of that same school holiday period; and
(d) In odd numbered years, commencing 2011, commencing on 28 December and concluding on the Saturday immediately prior to the commencement of Term 1 in the following year.
5.
Upon the child commencing high school the maternal great-grandmother spend time with the child as follows:
(a) During the first half of school holidays of the Terms 1, 2 and 3 New South Wales gazetted public school holidays, commencing the first Saturday of the school holidays and concluding Monday in the second week of the school holidays; and
(b) For half of the gazetted Christmas school holiday period, commencing the first Saturday and concluding on the 4th Saturday in even numbered years and commencing on the 4th Saturday and concluding on the Saturday immediately prior to Term 1 in the following year.
6.
For the purposes of changeover when the child is travelling between Sydney and Adelaide, the maternal great-grandmother meet the child at Adelaide airport at the commencement of the spending time arrangement and the paternal grandmother meet the child at Sydney airport at the conclusion of the same.
7.
The maternal great-grandmother pays for the costs of the child’s air travel on every occasion that the child spends with her in accordance with order 4(b), and the paternal grandmother pay for the costs at all other times.
8.
In the event the maternal great-grandmother does not spend time with the child in accordance with order 4(b), the costs of the flights for the following school holidays shall be shared equally between the paternal grandmother and maternal great-grandmother.
9.
It is a condition of the child spending time with the maternal great-grandmother she does not permit the child’s maternal grandfather to be present at her home while the child is also present unless this is during a family event.
10.
During the period Ms Warren (“the mother”) remains in custody she may spend periods of time with the child for such periods as allowed by the relevant prison authority and agreed with the maternal great-grandmother.
11.
Upon the mother’s release from gaol (which shall include any period of home detention) she shall spend time with the child at a supervised contact centre on occasions and times nominated by the contact centre but for no more than three (3) occasions in any given school holiday period or one (1) occasion in any weekend period. The times she spends with the child shall coincide with periods he is with the maternal great-grandmother and shall be facilitated by her.
12.
It is a condition of the mother spending time with the child away from gaol she is not under the influence of non-prescribed medication or alcohol.
13.
For a period of 12 months from the date of a successful completion of a residential drug rehabilitation programme it is a condition of the mother being able to continue to spend time with the child :
(a) In the four weeks prior to spending time with the child she undergo supervised urine analysis two (2) times per week;
(b) Such urine analysis is conducted in accordance with the Australian/New Zealand Standard 4308:2001: Procedure for the collection, detection and quantitation of drugs of abuse in urine;
(c) The mother do all things necessary to authorise the collecting agency to immediately provide to the paternal grandmother and maternal great-grandmother a copy of any positive or abnormal drug screening report; and
(d) In the event the mother undergoes urine tests in addition to those provided for in par (a) above, she shall do all things necessary to authorise the collecting agency to immediately provide to the paternal grandmother and maternal great-grandmother a copy of any positive or abnormal drug screening report.
14.
In relation to the mother spending time with the child at a supervised contact centre, she and maternal great-grandmother shall:
(a) Contact the centre and arrange an appointment for assessment for suitability for supervision of the time the child spends;
(b) Attend the assessment;
(c) Comply with any appointments made by the contact centre for supervised time;
(d) Comply with all reasonable rules of the contact centre; and
(e) Comply with all reasonable requests or directions of the staff of the contact centre
15.
The paternal grandmother is not liable for any costs charged by a contact centre.
16.
The mother may speak to the child weekly in relation to which the party who has the child’s care shall do her best to ensure the child is available to receive her call.
17.
The child shall have liberal telephone communication with the maternal great-grandmother when the child is living with the paternal grandmother and the paternal grandmother facilitates the making of such telephone calls.
18.
The child has liberal telephone communication with the paternal grandmother when the child is spending time with the maternal great-grandmother and the maternal great-grandmother facilitates the making of such telephone calls.
19.
The paternal grandmother and maternal great-grandmother advise each other, and keep each other advised of, their current address and contact telephone numbers (including both landline and any mobile telephone number).
20.
The paternal grandmother and maternal great-grandmother each ensure that the other is kept informed of:
(a) Any significant medical problems or illnesses suffered by the child;
(b) Any significant medication prescribed to the child; and
(c) Any other significant matter relevant to the child’s welfare.
21.
For the purposes of communicating information between the paternal grandmother and maternal great-grandmother, the paternal grandmother and maternal great-grandmother shall communicate by telephone in respect to urgent matters.
22.
The paternal grandmother is restrained from bringing or allowing the child to spend time with or communicate with the mother and Mr Lawson (“the father”), other than in accordance with these orders.
23.
The maternal great-grandmother is restrained from bringing or allowing the child to spend time with or communicate with the mother and the father, other than in accordance with these orders.
24.
The mother is restrained from communicating or spending time with the child, other than in accordance with these orders.
25.
The father is restrained from communicating or spending time with the child.
26.
Pursuant to s 68B of the Family Law Act each of the mother and the father is restrained from:
(a) coming into contact with the child;
(b) entering, approaching or remaining in any residence at which the child lives or spends time;
(c) entering, approaching or remaining at any school, sporting or educational facility attended by the child;
(d) coming within 500 metres of the child;
save in accordance with an order of a court made pursuant to the Family Law Act and this is an order for the personal protection of the child.
27.
In the event of the child being hospitalised or receiving medical attention, the person with whom that child is living or spending time with at that time shall notify either the paternal grandmother or maternal great-grandmother as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital.
28.
The paternal grandmother and maternal great-grandmother may attend any medical appointments in respect of the child arranged by the other.
29.
The paternal grandmother and maternal great-grandmother must each provide the other with the names and contact numbers of any medical specialists providing treatment for the child.
30.
The paternal grandmother and maternal great-grandmother must each provide the medical practitioner, medical centre or hospital caring for the child with an irrevocable authority permitting the other to speak with the medical practitioner, medical centre or hospital.
31.
The paternal grandmother do all acts and things and give all irrevocable authorities necessary to ensure that whichever school the child may attend from time to time, that school forward directly to the maternal great-grandmother the copies of all of the child’s school reports and merit cards and any written material pertaining to his academic and extra-curricular activities. The maternal great-grandmother shall give copies of these documents to the mother.
32.
Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
33.
All prior orders made in these proceedings are otherwise discharged.
34.
All outstanding applications are dismissed.
Notation:
A. It is anticipated that the mother may apply to this Court in the event she successfully completes a residential drug program and is able to provide evidence of having remained abstinent from illicit drugs for a 12 month period.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.