Lenox and Mottola and Anor

Case

[2013] FamCA 904

22 November 2013


Details
AGLC Case Decision Date
Lenox and Mottola and Anor [2013] FamCA 904 [2013] FamCA 904 22 November 2013

CaseChat Overview and Summary

This matter concerned orders made by Hannam J regarding the parental responsibility, living arrangements, and time spent with two children, B and C. The dispute involved the father, the maternal grandmother (second respondent), and the mother (respondent). The court was required to determine the future arrangements for the children, including who would have parental responsibility, where they would live, and the specific terms of time spent with each parent and the maternal grandmother.

The court's reasoning led to the discharge of all previous orders concerning B and C. Sole parental responsibility for B was granted to the maternal grandmother, with B to live with her. The father was granted specific time with B, including alternate weekends, half of school holidays, and certain public holidays, with detailed provisions for changeovers and communication. The father was also authorised to attend school and medical appointments and to contact B's medical providers. Injunctions were put in place restraining both the father and maternal grandmother from bringing B into contact with the mother, except as ordered. Similar arrangements were made for C, with sole parental responsibility and living arrangements with the maternal grandmother.

For both children, time with the mother was to be supervised by a Ms E, occurring each alternate Thursday for a two-hour period. Strict conditions were imposed on the mother's attendance and conduct during these supervised visits, including prohibitions on alcohol or illicit substances and the attendance of other persons. Ms E was also given discretion to suspend the mother's time with the children under certain circumstances. The court also ordered the removal of the children from the Airport Watch List and discharged the Independent Children's Lawyer. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

  • Costs

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Donnell & Dovey [2010] FamCAFC 15
G & C [2006] FamCA 994