Sawers and Belbin and Ors

This case concerned parenting orders for two children, [X] and [Y], before Judge Dunkley. The dispute involved the Department of Family and Community Services (the Minister) seeking to discharge all prior parenting orders and obtain sole parental responsibility for the children until they each turned 18. The Minister also sought orders for the children to live as directed by her department and for specific arrangements regarding their time with their mother, paternal grandmother, and father, along with various restraints on the parties.

The court was required to determine the appropriate parenting arrangements for the children, considering their welfare and best interests. Key issues included the extent of the Minister's parental responsibility, the nature and supervision of contact between the children and their parents and paternal grandmother, and the imposition of specific restrictions on the parties' conduct and communication with the children. The court also had to consider the wishes of the children, particularly [X], and [Y] once she reached the age of 14.

Judge Dunkley discharged all prior parenting orders and granted the Minister sole parental responsibility for the children. The court ordered that the children live as directed by the Minister, with specific provisions for [Y] to spend time with the mother and paternal grandmother under supervision and subject to various conditions. [X]'s time with the paternal grandmother and mother was also to be arranged with regard to her wishes and supervised. The father was prohibited from spending time with the children for nine months after his release from prison, with any subsequent contact to be determined by the Minister and supervised. Numerous restraints were imposed on the mother, father, maternal grandmother, and Mr Grey concerning drug consumption, derogatory remarks, communication with the children, and the introduction of third parties. The court also noted the Minister's intention for the children to be placed in the care of Ms Denham and Mr Grey.