Daniels and Anor and Daniels and Anor

In *Daniels and Anor and Daniels and Anor*, heard by Judge Harman, the paternal grandparents sought orders for time with the child, X. The biological father was not involved in the proceedings. The dispute arose in the context of the child's parents' history of illicit drug use, departmental involvement following the child's hospital admission for benzodiazepine ingestion, and the mother's opposition to any time between the child and the paternal grandparents. The mother's reaction to the grandparents presenting the child to hospital, despite the confirmed ingestion and departmental notification, was described as "titanic."

The court was required to determine whether it was in the child's best interests to spend time with the paternal grandparents, given the established relationship and the clear benefit derived from it. The court also had to consider the mother's opposition to this contact, which was based on her perception of the grandparents' actions as "meddling."

Judge Harman reasoned that there was a clearly established relationship between the child and the paternal grandparents, and that this relationship offered a clear benefit to the child. The court found that the mother's opposition was disproportionate to the circumstances, particularly in light of the confirmed benzodiazepine ingestion and departmental involvement. The court applied principles of family law concerning the best interests of the child, weighing the established positive relationship with the grandparents against the mother's concerns.

The court ordered that the mother have sole parental responsibility and that the child live with her. However, it also made detailed orders for the child to spend time with the paternal grandparents, commencing with specific dates in late 2014 and then establishing a regular schedule of monthly weekend time, holiday time, and time on specific public holidays and birthdays, with provisions for changeovers and communication between the child and the mother. The orders also included provisions for respectful communication between the parties and consequences for contravention.