Abbey and Crowne

In the Family Court of Australia, Mr Abbey (the Father) and Ms Crowne (the Mother) sought final parenting orders concerning their two children, E and L. While the parties reached consent orders on most matters, a dispute remained regarding the maternal grandfather's contact with the children. The Mother sought an order that the children not be left in the sole care of the maternal grandfather and that his contact be supervised by the Father or his wife.

The Court was required to determine whether the Mother's requested order regarding the maternal grandfather's supervised contact with the children was in the best interests of E and L, in conjunction with the otherwise agreed-upon final parenting orders. The legal issues centred on the potential risks posed by the maternal grandfather, given his past conduct and the history of allegations made against the Mother's husband, Mr Crowne.

Justice Kent applied the principles of the *Family Law Act 1975* (Cth), particularly Division 12A concerning child-related proceedings and the presumption of equal shared parental responsibility. The Court considered the evidence, including the maternal grandfather's central role in initiating previous proceedings involving allegations of sexual abuse against Mr Crowne, which were ultimately not pursued. The Court found that the Mother's fear of the maternal grandfather acting malevolently was not irrational or baseless, citing his demonstrated capacity to act against the interests of the Mother and Mr Crowne by disseminating sensitive information and fabricating admissions. The Court concluded that there was a continuing risk that the maternal grandfather could create difficulties for the parenting arrangements and, consequently, for the children.

The Court ordered, on a final basis, that the Father do all acts and things to ensure that the children are not left in the sole care of the maternal grandfather and that his contact with the children be supervised at all times by the Father or his wife. The Court also discharged the Independent Children's Lawyer and removed all outstanding applications from the pending cases list.