Danes & Danes & Anor

Danes & Danes & Anor was a family law matter before the Family Court of Australia where the primary dispute centred on the relationship between a maternal grandmother (the applicant) and her grandchildren, and the impact of any contact on the children's welfare. The mother and father of the children opposed the grandmother's application to have a more involved role in the children's lives, citing concerns about the grandmother's manipulative and obsessive behaviour, and the potential risk to the children's well-being.

The court was required to determine whether the applicant should be granted the ability to become involved in the children's day-to-day lives, and if so, under what conditions. The court needed to weigh the children's wishes, their relationship with their parents, and the potential impact of any changes to the children's circumstances. It was also necessary to consider the additional considerations outlined in the Family Law Act, including the children's need for protection from harm and the need to promote their participation in decision-making processes.

The court found that the applicant's relationship with the children was problematic, at best, and potentially harmful, at worst. The court considered the children's primary attachment to their mother and the risk of them being enmeshed in the conflict between the applicant and the mother. The court gave little weight to any wishes the children might have expressed, due to their young ages and the toxic nature of the relationship between the applicant and the parents. The court found that the children's relationship with their father had been restored, and the father considered the mother's partner to be a beneficial father figure for the children. Given the problematic nature of the applicant's relationship with the children, the court found that the orders sought by the mother were favoured.

The court dismissed the applicant's application and made several orders to protect the children's welfare. The orders included restrictions on the parties subjecting the children to any form of hitting or physical striking, using illegal drugs or consuming alcohol to excess, and being under the influence of any illegal drug or alcohol when the children were in their care. The mother was also ordered to engage in the Brighter Futures Program and obey all reasonable directions given to her. The parties were required to file and serve short submissions as to costs sought by the Independent Children's Lawyer.