BABIC & TAKALA

In the matter of *BABIC & TAKALA*, heard before Judge Tonkin, the mother sought an order restraining the father from facilitating contact between the children and their maternal grandparents. The dispute arose from significant conflict between the mother, the father, and the maternal grandparents, with the mother perceiving the father's involvement of her parents as controlling. A Family Consultant had previously indicated that it would be preferable for the mother to facilitate time with her own parents.

The court was required to determine whether to grant the injunction sought by the mother, and if so, what form it should take, considering the ongoing conflict and the welfare and best interests of the children. The central legal issue was how to best manage the children's relationship with their maternal grandparents in the context of severe parental and intergenerational conflict.

Judge Tonkin reasoned that an injunction was appropriate to provide the mother and her parents an opportunity to engage in family therapy to resolve their differences, thereby ultimately serving the children's long-term welfare. The court made orders restraining the father from bringing the children into contact with the maternal grandparents until 31 December 2018, unless the mother permitted it, with an exception for facilitating communication via phone, Skype, or Facetime if requested by a child. The mother was ordered to organise family therapy with her parents to re-establish their relationship, with a view to her facilitating future contact. The parties were also restrained from discussing the limitations on grandparent time with the children, and the father was permitted to forward cards and gifts from the grandparents. Further orders were made by consent, including prohibitions on denigrating family members and restrictions on the father discussing certain matters with the children, alongside requirements for both parents to enrol in a post-separation parenting program.