Fello and Sternfeldt

The Family Court of Australia considered an application by the maternal grandmother, Ms A Fello, for sole parental responsibility for her grandson, T, following the death of the child's mother. The respondent was the child's father, Mr Sternfeldt. The child had been living with the applicant pursuant to interim orders and had established a settled routine. The father had failed to participate in the hearing.

The court was required to determine whether the child would benefit from continuing a relationship with his father, given the father's ongoing drug use and lack of prospect for rehabilitation. It also needed to assess the risk the father posed to the child due to his drug use and whether any such risk could be mitigated by supervised contact, with the paternal grandmother being considered a suitable supervisor.

The court reasoned that the child's current living arrangements with the maternal grandmother were in his best interests, noting the absence of deficiencies in the applicant's capacity to care for him. The father's failure to participate in the proceedings and his demonstrated drug use were significant factors. The court applied the principles of the *Family Law Act 1975* (Cth), particularly those concerning the best interests of the child, including the importance of the child maintaining a relationship with both parents where appropriate, but also the need to protect the child from harm.

The court ordered that the applicant have sole parental responsibility for the child, with the child to live with her. The father was granted supervised time with the child each Saturday afternoon, as well as specific periods during Christmas, Father's Day, and the child's birthday, with the paternal grandmother supervising these visits. The court also made detailed orders regarding communication, medical information, and the ability for the applicant to obtain a passport for the child without the father's consent.