Croft and Wilmot and Anor

This matter concerned parenting orders for a child, X, born in 2019. The proceedings were before Judge Terry, with the paternal grandmother seeking sole parental responsibility and the child to live with her, against the wishes of the child's mother and father. The dispute centred on the appropriate living arrangements and contact arrangements for the child, given concerns raised about the mother's conduct.

The court was required to determine the best interests of the child, X, in accordance with the *Family Law Act 1975*. Specifically, the court had to consider the nature of the child's relationship with each parent and the paternal grandmother, as well as the additional considerations outlined in section 60CC(3) of the Act. The court also had to assess the impact of the mother's alleged drug use, anger, aggression, and mental health issues on the child's welfare, and whether an injunction was necessary to protect the child.

In reaching its decision, the court considered the child's age, noting that X was too young to express his own views. The court acknowledged evidence of a satisfactory interaction between the mother and X in June 2020, despite a period of no physical contact. However, the court found the paternal grandmother's evidence regarding X's resistance to contact with the mother to be convincing, particularly in light of unexplained injuries. The court also noted the positive relationship between X and his paternal grandmother, who had been his primary caregiver since he was four months old. The court applied principles of child welfare and safety, including the need to protect the child from harm and to ensure stability in his living arrangements.

The court ordered that the paternal grandmother have sole parental responsibility for the child and that the child live with her. The mother was granted supervised contact with the child on four occasions annually, with specific conditions regarding communication and behaviour during video calls. An injunction was granted restraining the mother from removing the child from school, daycare, or the care of any person designated by the paternal grandmother. The court also outlined conditions for the mother to meet if she wished for the court to reconsider the orders in the future, including evidence of drug abstinence and engagement with counselling.