Lorne and Emery and Ors

Case

[2016] FamCA 747

6 September 2016


Details
AGLC Case Decision Date
Lorne and Emery and Ors [2016] FamCA 747 [2016] FamCA 747 6 September 2016

CaseChat Overview and Summary

The case of *Lorne and Emery and Ors* concerned parenting orders made by Cleary J in relation to two children, N and V. The primary dispute involved the residence of the children, with a consent order having been made on 9 December 2015 for them to live with their maternal grandparents, Mrs and Mr Emery. The court was required to determine the future parenting arrangements for N and V, including their residence, parental responsibility, and the terms of their time spent with their mother.

The court was tasked with determining the extent of parental responsibility to be afforded to the maternal grandparents, and the specific steps they must take when making long-term decisions regarding the children's care and welfare, such as schooling and medical treatment. Furthermore, the court needed to establish the arrangements for the children to spend time with their mother, including the duration, frequency, and supervision of these visits, and the conditions under which such contact would occur. The court also considered orders relating to the communication between the children and their mother, and imposed certain restraints on the parties' conduct and contact with specific individuals.

Cleary J made detailed orders regarding the children's residence and parental responsibility, discharging all prior parenting orders except for the initial consent order placing the children with their maternal grandparents. The maternal grandparents were granted sole parental responsibility, shared between them, and were directed to consult with the mother in writing regarding significant decisions, taking her views into account before advising her of the final decision. The court ordered that the children spend time with their mother as agreed, or failing agreement, in supervised two-hour periods twice a month, with specific provisions for supervision and the eventual cessation of supervision for N upon reaching the age of 14. The orders also included provisions for the grandparents to inform the mother of serious medical events, to facilitate communication between the children and their mother, and imposed restraints on parties speaking critically of each other in the children's presence, as well as specific restraints on the mother regarding contact with her husband and third parties.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

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