Sturt and Knight and Ors

This case involved a dispute between Ms Knight (the mother) and Ms M Sturt (the maternal great aunt), and Mr Sturt (the maternal great uncle), concerning the parental responsibility and living arrangements for two children, B and E. The matter came before Le Poer Trench J.

The court was required to determine the terms of orders governing the children's care, including who would have parental responsibility, where the children would live, and the specific times they would spend with each party. The orders also addressed issues such as communication between parties, the children's attendance at school and extracurricular activities, and the management of the mother's health condition.

The court made detailed orders that established a graduated transition of the children to the predominant care of their mother. These orders outlined specific time arrangements for B and E with the mother, the maternal great uncle and aunt, and the maternal grandmother, with provisions for holidays and special occasions. The court also mandated attendance at family therapy and the use of communication books to facilitate the implementation of the orders and the development of a consistent parenting strategy. Further orders addressed the exchange of information between parties, the mother's health management, and restraints on certain behaviours, such as making derogatory remarks or discussing proceedings in the children's presence.

The court ordered that the children would live with the mother from 28 November 2011 onwards, with specific time arrangements for the maternal great uncle and aunt. All outstanding applications were dismissed, and the particulars of the obligations and consequences of contravening the orders were set out in an attached Fact Sheet.