Stone and Stone and Anor
Case
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[2008] FamCA 1026
•24 September 2008
Details
AGLC
Case
Decision Date
Stone and Stone and Anor [2008] FamCA 1026
[2008] FamCA 1026
24 September 2008
CaseChat Overview and Summary
In the matter of *Stone and Stone and Anor*, Le Poer Trench J considered the parental responsibility for three children, Child E, Child F, and Child G, and their living arrangements. The dispute concerned the welfare and care of these children, with the Director General of the Department of Community Services playing a significant role in the proceedings and subsequent orders.
The court was required to determine the appropriate orders regarding the parental responsibility for the children and their residence. Specifically, the court needed to decide whether the children should live with their father and, if so, under what conditions and supervision. The court also had to consider arrangements for the children to spend time with their mother and the role of the Director General in overseeing the children's care and safety.
Le Poer Trench J ordered that the Director General have parental responsibility for the three children. The children were to live with their father, subject to a comprehensive list of conditions designed to ensure their safety and well-being under the supervision of the Director General. These conditions included random home visits, unrestricted entry for the Director General or delegate, the father accepting reasonable directions and referrals, restrictions on removing the children from the Central Coast area or changing their schools or residence without permission, limitations on who could reside in the home, and prohibitions on physical discipline and denigration of either parent. The Director General was empowered to remove the children if concerns arose regarding their safety and could apply for further court orders or proceed in a relevant State court. Arrangements for the children to spend time with their mother were to be made by the Director General as he saw fit.
The court was required to determine the appropriate orders regarding the parental responsibility for the children and their residence. Specifically, the court needed to decide whether the children should live with their father and, if so, under what conditions and supervision. The court also had to consider arrangements for the children to spend time with their mother and the role of the Director General in overseeing the children's care and safety.
Le Poer Trench J ordered that the Director General have parental responsibility for the three children. The children were to live with their father, subject to a comprehensive list of conditions designed to ensure their safety and well-being under the supervision of the Director General. These conditions included random home visits, unrestricted entry for the Director General or delegate, the father accepting reasonable directions and referrals, restrictions on removing the children from the Central Coast area or changing their schools or residence without permission, limitations on who could reside in the home, and prohibitions on physical discipline and denigration of either parent. The Director General was empowered to remove the children if concerns arose regarding their safety and could apply for further court orders or proceed in a relevant State court. Arrangements for the children to spend time with their mother were to be made by the Director General as he saw fit.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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Most Recent Citation
Falcon and Falcon and Anor [2010] FamCA 396
Cases Cited
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Statutory Material Cited
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