Rose and Rose

Case

[2010] FamCA 935

20 October 2010


Details
AGLC Case Decision Date
Rose and Rose [2010] FamCA 935 [2010] FamCA 935 20 October 2010

CaseChat Overview and Summary

In the matter of *Rose and Rose*, Monteith J. made orders concerning the parental responsibility and living arrangements for two children, B and L. The proceedings involved the father, the mother, and the paternal grandparents, who were joined as parties. The dispute centred on the future care and welfare of the children, with significant restrictions placed on the mother's and maternal grandmother's contact with them.

The court was required to determine the most appropriate parenting arrangements for the children, considering their best interests. This involved deciding who would have parental responsibility, where the children would live, and the nature and extent of contact with each parent and the paternal grandparents. The court also had to consider measures to facilitate a transition in care and to ensure the children's well-being during this process, including the involvement of professionals.

Monteith J. ordered that the father have sole parental responsibility for the children, with the children to live with the paternal grandparents. The paternal grandparents were to have responsibility for the children's day-to-day care when they were with them, and the father was to have responsibility for their day-to-day care when they were with him. The father was to have specified time with the children, and significant therapeutic and support measures were to be implemented, including the engagement of a therapist and a social worker. Contact between the mother and the children, and between the maternal grandmother and the children, was severely restricted, requiring the request of the therapist or agreement between the father, mother, and Independent Children's Lawyer, with supervised contact for the maternal grandmother. The court also made detailed orders for the immediate implementation of these arrangements, including the children's transfer to the paternal grandparents' care and the provision of their belongings. The matter was listed for further hearing, and costs were reserved.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

M v M [1988] HCA 68
Marvin and Whitney [2010] FamCA 887