London & Carter and Ors

The case involved a dispute concerning the parental responsibility and living arrangements for two children, B and Y. The parties before Stevenson J were the paternal grandmother, Ms London, the children's mother, Ms Carter, the children's father, Mr London, the Director-General of the New South Wales Department of Community Services, and the maternal grandmother, Ms Byard. The proceedings concerned the welfare and best interests of the children.

The court was required to determine who should have parental responsibility for the children, where the children should live, and the nature and extent of contact between the children and their parents and grandparents. The court also had to consider the conditions and supervision necessary for these arrangements, particularly in light of the involvement of the Department of Community Services.

Stevenson J made orders granting the paternal grandmother, Ms London, sole parental responsibility for the children and ordering that the children live with her. These arrangements were subject to supervision by the Director-General for a period of twelve months, with specific conditions regarding access to the premises and communication with the children. The mother, Ms Carter, and the father, Mr London, were granted supervised time with the children, with the nature of the supervision changing after six months. The maternal grandmother, Ms Byard, was also granted specific time with the children. The court also made orders restraining the paternal grandmother from certain contact with the father and unsupervised contact with specific individuals, and the maternal grandmother from certain contact with the mother and unsupervised contact with her family. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet, incorporated into the orders pursuant to s.65DA(2) and s.62B of the relevant legislation.