Masters and Anor and Spitieri-Masters and Anor

Case

[2015] FamCA 451

4 June 2015


Details
AGLC Case Decision Date
Masters and Anor and Spitieri-Masters and Anor [2015] FamCA 451 [2015] FamCA 451 4 June 2015

CaseChat Overview and Summary

In *Masters and Anor and Spitieri-Masters and Anor*, heard by Berman J, the dispute concerned the parental responsibility and living arrangements for a child, B. The application was brought by the maternal grandparents, Ms Masters and Mr Spitieri, against the child's parents, Ms Spitieri-Masters and Mr Waite.

The court was required to determine the appropriate orders regarding parental responsibility, the child's residence, and the nature and extent of contact between the child and the parents. Further issues included the parents' liberty to communicate with the child, the grandparents' ability to vet or veto such communication, and the need for injunctions to prevent the child's removal from the care of the grandparents or from South Australia and Australia. The court also considered the placement of the child's name on the Airport Watch List.

Berman J ordered that the maternal grandparents, Ms Masters and Mr Spitieri, have equal shared parental responsibility for the child B, and that the child shall live with them. The parents were granted liberty to send letters and gifts on special occasions and to communicate with the child via Skype or telephone, with a minimum of monthly contact initiated by the mother. The grandparents were given the power to vet and, if necessary, veto presents, gifts, or communication if deemed unacceptable or not in the child's best interests, provided such a veto was not exercised capriciously. Injunctions were granted restraining the parents from removing the child from the grandparents' care, from any place of residence, childcare, educational, or medical facilities, and from leaving the State of South Australia or Australia. The Australian Federal Police were directed to place the child on the Airport Watch List, with variations or removal requiring a court order or the joint written consent of the maternal grandparents.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209