NELSON & GREY

This matter came before Foster J of the Family Court of Australia concerning a dispute between the Father and the Mother regarding their child, B. The proceedings involved urgent orders for the child's delivery into the care of Child Dispute Services and the suspension of the Father's time with the child.

The court was required to determine the immediate welfare and safety of the child, B, and to make appropriate orders for the child's care and protection pending further proceedings. This included considering the interaction between parenting orders made by the Family Court and an apprehended violence order made by a local court.

Foster J ordered that the Father deliver the child B to Child Dispute Services by a specified time on the day of the hearing. The Father was also ordered to leave the precincts and not contact Child Dispute Services officers. The Mother was granted liberty to remove the child from Child Dispute Services and resume primary care, with the Father's time with the child suspended pending further order. A Recovery Order was to be issued but held in abeyance, to be activated only if the Independent Children’s Lawyer deemed it necessary. An Independent Children’s Lawyer was appointed for the child, with a request for specific representation. The court also directed that its parenting orders would prevail over any inconsistencies with the apprehended violence order. The matter was adjourned for a further case management hearing.