Bedford and Bedford

[2017] FCCA 1805

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEDFORD & BEDFORD [2017] FCCA 1805

Catchwords:
FAMILY LAW – Parenting application by maternal grandfather – where mother and maternal grandfather estranged – where not in child’s best interests for any time with her grandfather.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA

Cases cited:

Church v S Overton & Anor (2008) FAMCA 952

MRR v GR [2010] HCA 4

Applicant: MR BEDFORD

Respondent: MS BEDFORD

File Number: WOC 719 of 2013

Judgment of: Judge Altobelli

Hearing dates:

5 and 7 December 2016,

3 April 2017 and 19 July 2017

Date of Last Submission: 19 July 2017

Delivered at: Wollongong

Delivered on: 14 September 2017

REPRESENTATION

Counsel for the Applicant: Ms Gillies

Solicitors for the Applicant: Robertson Lawyers

The Respondent was self-represented and appeared by telephone.

Counsel for the Independent Children's Lawyer: Mr Ladopoulos

Solicitors for the Independent Children's Lawyer: Legal Aid NSW

ORDERS

1. The Mother have sole parental responsibility for the child X, born (omitted) 2011 (‘the child’).

2. The child live with the Mother.

3. The child spend no time with the Maternal Grandfather.

4. The Mother shall provide to the Maternal Grandfather an address to which he can send letters, gifts and cards to the child on the following occasions:

   (a)Her birthday;

   (b)Christmas; and

   (c)Easter.

5. Upon receipt of the communications outlined in Order 4 above, the Mother shall ensure that those gifts, cards and letters are given to the child and read to her by the Mother, with the Mother to explain that they come from her maternal grandfather.

IT IS NOTED that publication of this judgment under the pseudonym Bedford & Bedford is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

WOC 719 of 2013

MR BEDFORD

Applicant

And

MS BEDFORD

Respondent

REASONS FOR JUDGMENT

Introduction

1. This case is about a child, X, born (omitted) 2011.  X is currently five years old, but will turn six within a matter of months after the publication of these Reasons for Judgment.  The Application was commenced by her Maternal Grandfather, who is 74 years old.  He wants to spend time with his granddaughter.  The Respondent is X's Mother, who strenuously opposes any contact or communication between X and her Grandfather.  These Reasons for Judgment explain why the Court has concluded that it is indeed in X's best interests that there is no contact or communication with her Grandfather.  This is a very sad case and one that was difficult to decide. 

Background 

1. When X was born in (omitted) 2011, she was living with her Mother and Father in (omitted) on the (omitted) of New South Wales.  Later that year, however, her parents separated and the Mother and X moved back to (omitted) in New South Wales to live with the Maternal Grandparents.  X's father has not had any involvement in her life, and whilst he was nominally a party in these proceedings, he played no role. 

2. Before X was born, certain things are apparent…