Love and Shillington

Case

[2007] FamCA 564

8 February 2007


Details
AGLC Case Decision Date
Love and Shillington [2007] FamCA 564 [2007] FamCA 564 8 February 2007

CaseChat Overview and Summary

In proceedings before Jordan J, the parties involved were the Mother and Father of a child, and the Maternal Grandmother, Mrs Shillington, who sought to intervene. The dispute concerned the interim care arrangements for the child, a daughter born in September 2000.

The court was required to determine whether to grant the Maternal Grandmother leave to intervene in the proceedings and, in the interim, what orders should be made regarding the child's living arrangements, care, and contact with her parents. The court also considered the need for the Director-General of the Department of Child Safety to intervene and the preparation of an updated Family Report.

Jordan J granted the Maternal Grandmother leave to intervene. By way of interim order, the child was to live with the Maternal Grandmother, who was to be responsible for her day-to-day care. The Mother was permitted to spend time with the child under the supervision of the Maternal Grandmother or the Mother's sister, while the Father's time with the child was to be arranged with the Maternal Grandmother, with the condition that the child not be brought into contact with his partner, Ms D. The court also requested the intervention of the Director-General, Department of Child Safety, and ordered the preparation of an updated Family Report, with Ms W appointed as the Reg 8 Counsellor. Further directions were given regarding the filing of applications and affidavits by the parties, and the Mother was ordered to authorise the release of information regarding her treatment for alcohol addiction.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Costs

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