OLLY & NORRINGTON

In this matter before Forrest J, the applicant paternal grandmother sought interim orders for the recovery and return of a child to her care. The child had been living with the grandmother but was subsequently released into the care of the respondent father. The father had entered into an Intervention with Parental Agreement Plan with the Department of Child Safety, Youth and Women and was cooperating with their requirements, including drug testing and home visits. The father also facilitated a relationship between the child and the child's mother.

The court was required to determine the interim living arrangements for the child, considering the father's engagement with child protection services and the grandmother's application for the child to live with her. The court also needed to address the mother's right to participate in the proceedings and whether a parental responsibility order was appropriate at this interim stage.

Forrest J ordered that the child shall live with the respondent father and continue to spend time with the paternal grandmother on a weekly basis. The father was ordered to continue cooperating with the Department of Child Safety, Youth and Women. The court also noted the mother's right to appear and become a party to the proceedings if she wished, and directed the father to inform her of this right. The grandmother's application for interim orders was adjourned for further hearing, with directions for the parties to file evidence and engage in family dispute resolution counselling or mediation prior to that hearing. The court also made specific orders regarding the grandmother's time with the child, including conditions about her conduct and the father's obligations regarding the child's health.