Dodds and Storace and Anor

In the Family Court of Australia, Mr Dodds (the father) sought orders regarding his child, J, against Ms Storace (the mother) and Ms Lorne (the maternal grandmother). The dispute centred on with whom the child would live and spend time, particularly concerning the maternal grandmother's request for unsupervised time. The mother did not attend the hearing. It was agreed that the child would live with the father. The maternal grandmother had made repeated allegations of risk to the child in the father's care, and had previously supported the mother's actions when she absconded with the child. Both the father and the Independent Children's Lawyer opposed any time between the child and the maternal grandmother.

The court was required to determine the best interests of the child, specifically whether the maternal grandmother should have unsupervised time with J, and to consider parental responsibility. The court also had to address the fact that a party to the proceedings (the maternal grandmother) was not a parent. The court noted that the child was settled and happy in his current circumstances.

The court's reasoning focused on the best interests of the child, considering the history of conflict and allegations between the parties. The court found that the child would be at risk if he spent time with the maternal grandmother, particularly in light of her past support for the mother's actions, including absconding with the child. The court applied principles relating to parental responsibility and the paramountcy of the child's welfare.

The court ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the child, with specific provisions for advising the mother of major long-term decisions. The child was ordered to live with the father. The mother was to spend time and communicate with the child under supervision at a contact centre, and further time as agreed between the parents. Crucially, the maternal grandmother was ordered to spend no time and have no communication with the child, and the mother was restrained from bringing the child into contact with the maternal grandmother. The court also made orders regarding communication between the parents, the sharing of information, and prohibitions against denigration and discussing family law matters with the child. The Independent Children's Lawyer's appointment was discharged.