McMillan and Anor and McMillan and Anor

The applicants, identified as the grandparents of a child, sought orders concerning the child's residence and contact with the respondent mother. The proceedings were heard by Rose J in the Supreme Court of Tasmania. The dispute centred on the living arrangements for the child and the terms of communication and time spent with the respondent mother.

The court was required to determine the terms of residence for the child, the arrangements for the child to spend time with and communicate with the respondent mother, and whether to dispense with service of the application on the respondent. Additionally, the court considered whether to grant an injunction restraining the mother or any person on her behalf from removing the child from the school precincts without the consent of the applicants or a court order.

Rose J made orders in terms of the Initiating Application. These orders stipulated that the child live with the applicants, and that the child spend time with and communicate with the respondent mother as agreed between the parties or as ordered by the Court, with a specific provision for such arrangements to be as agreed until further order. The court also dispensed with the requirement for service of the application on the respondent. Furthermore, an injunction was granted restraining the mother or any person on her behalf from removing the child from the school precincts without the express written consent of the applicant grandparents or a court order. The court further ordered that sealed copies of these orders be published by service on the Principal of the school and the Officer in Charge of the Tasmanian Police Force. The proceedings were subsequently listed for further mention.