Garvie and Anor and Garvie and Anor

This matter concerned applications by the applicants, identified as the paternal grandmother and her partner, seeking orders for time with the children, M and N. The dispute centred on the extent and nature of the time the children should spend with the applicants, given the children's expressed views and the history of the proceedings. The decision was made by Burr J.

The court was required to determine the appropriate orders for time between the applicants and the children, M and N. This involved considering the children's welfare, their stated preferences, and the impact of the ongoing litigation and parental conflict on their emotional state. A key issue was whether to continue or modify existing orders for contact, taking into account the children's strong opposition to spending significant time, particularly overnights and weekends, with the applicants.

Burr J reasoned that while the respondent parents had made positive advancements, the father's past violence and presentation indicated a continued need for monitoring of the children's welfare. However, the court gave significant weight to the unambiguous views of the children, as recorded by Mr V, who found them to be mature and clear in their opposition to spending substantial time with the applicants. Mr V's reports highlighted the distress the children experienced when discussing time with their grandmother, with one child breaking down in tears and the other disengaging. The court accepted the evidence of both parents that the children frequently expressed strong opposition and resisted attending visits, noting that forcing such contact could further strain their relationships. Consequently, the court discharged previous orders, save for specific paragraphs relating to the children's reports, and made new orders for limited, supervised time with the children on specific Saturdays, with the applicants' representative facilitating transport.