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January 19, 2016

Grandparents – Williams and Anor & Rogers and Anor (No 2) [2015] FamCA 1069 (1 December 2015)

Last Updated: 15 December 2015

FAMILY COURT OF AUSTRALIA

WILLIAMS AND ANOR & ROGERS & ANOR

[2015] FamCA 1069

FAMILY LAW – PRACTICE & PROCEDURE – Where the applicant paternal grandparents sought parenting orders as between themselves and the first respondent mother and second respondent father – Where the second respondent father did not participate in the proceedings and was not present at Court for the final hearing – Where the children are currently living with the paternal grandparents

FAMILY LAW – CHILDREN – Best Interests – Where the children have a relationship with the father but it is acknowledged by all parties, other than the father himself, that there is an unacceptable risk to the children associated with him having unsupervised time with them – Where the father currently spends time with the children, supervised by the paternal grandparents – Where no formal orders are made providing for time and communication between the children and the father – Where the children have a meaningful relationship with the mother – Where the children were exposed to family violence in the context of their parents’ relationship and have been protected by the care provided by the paternal grandparents – Where there is some risk associated with changing the residence of the children so that they live with the mother – Where there is also some risk leaving the children in the home of the paternal grandparents – Where the paternal grandmother will not promote and support a meaningful relationship between the children and the mother – Where the paternal grandmother has a negative focus on the children’s health and may be putting her own interests ahead of the needs of the children – Where the mother is committed to spending time with the children – Where the mother has actively engaged with the recommendations of the Family Consultant – Where the mother is insightful and sensitive to the children’s needs – Where the children, given their ages, can make the transition into the mother’s care whilst strongly maintaining their relationships with the paternal grandparents – Where in a finely balanced case, the benefit to the children of living with the mother and other family members in her household should prevail – Where after a period of two months, in which the children will continue to live with paternal grandparents and spend substantial and significant time with the mother, the children are to live with the mother and spend substantial and significant time with the paternal grandparents

FAMILY LAW – CHILDREN – Parental Responsibility – Mother to have sole parental responsibility, with provision for exchange of ideas with the paternal grandparents regarding long term issues for a period of two years

Family Law Act 1975 (Cth), ss 60CC, 64B

APPLICANTS:

Ms Williams &
Mr Williams

FIRST RESPONDENT:

Ms Rogers

SECOND RESPONDENT:

Mr Nixon

INDEPENDENT CHILDREN’S LAWYER:

Adams & Partners

FILE NUMBER:

PAC

2604

2013

DATE DELIVERED:

1 December 2015

PLACE DELIVERED:

Newcastle

PLACE HEARD:

Parramatta

JUDGMENT OF:

Cleary J

HEARING DATE:

9-12 November 2015

REPRESENTATION

COUNSEL FOR THE APPLICANTS:

Mr Siggins

SOLICITOR FOR THE APPLICANTS:

CA Williams Legal

FIRST RESPONDENT:

In Person

SECOND RESPONDENT:

Not Applicable

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

Mr Cook

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Adams & Partners

ORDERS

(1) That all prior parenting Orders made in the Local Court at Suburb B and this Court in relation to V born … 2010 and R born … 2012 (collectively known as “the children”) are discharged.
(2) That the mother have sole parental responsibility for the children.
(3) That for a period of two years from the date of these Orders, the mother shall take the following steps on each occasion that an issue about the long term welfare of the children arises:

<li “=””>(a) Notify the paternal grandparents in writing of the issue for determination;<li “=””>(b) Advise the paternal grandparents of the course proposed by the mother;

(c) Invite the paternal grandparents to provide a response and any alternate proposal within a nominated period of time;
(d) Give proper consideration to any response of the paternal grandparents received within the nominated time; and
(e) Promptly advise the paternal grandparents of the decision taken about the relevant issue.
(4) That the children shall live with the mother as follows:

<li “=””>(a) For a period of two months from the date of these Orders:

<li “=””>(i) Each alternate weekend from 9.00 am Saturday to 5.00 pm Sunday, commencing 5 December 2015; and<li “=””>(ii) Each Tuesday and Thursday from 9.00 am to 5.00 pm.

<li “=””>(b) Thereafter, the children shall live with the mother and spend time with the paternal grandparents as follows:

<li “=””>(i) Each alternate weekend from 9.00 am Saturday to 5.00 pm Sunday; and<li “=””>(ii) On one occasion per week, which may include overnight time as agreed between the mother and the paternal grandparents, but failing agreement, from 9.00 am on Wednesday for R and from after school Wednesday for V, until return to school and pre-school on the following morning.

(5) That the mother may confirm enrolment for V at CC Town Public School commencing in 2016.
(6) That the mother shall include in the enrolment application with CC Town Public School the contact details of the paternal grandparents as family contacts in the event of an emergency.
(7) That the mother may enrol R in a pre-school in her local area commencing in 2016.
(8) That the mother shall include in the enrolment application with R’s chosen pre-school the contact details of the paternal grandparents as family contacts in the event of an emergency.
(9) That the mother shall provide a copy of these Orders to the school and
pre-school which the children respectively attend.
(10) That each of the parties is restrained from denigrating and criticising the other parties, or any of them, in the presence, sight and hearing of the children (including by use of social media) and further, shall remove the children from the presence, sight and hearing of third parties who do so (including by use of social media).
(11) That the Registrar of this Court provide a copy of these Orders and Reasons for Judgment to the Registrar of the Local Court at Suburb B, New South Wales.

FULL CASE

http://www.austlii.edu.au/au/cases/cth/FamCA/2015/1069.html

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Grandparents – Williams and Anor & Rogers and Anor (No 2) [2015] FamCA 1069 (1 December 2015)

Grandparents – Williams and Anor & Rogers and Anor (No 2) [2015] FamCA 1069 (1 December 2015)

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