Glavas and Forsyth and Anor

Austin J of the Supreme Court of New South Wales made orders concerning the parental responsibility and living arrangements for two children, B and C. The proceedings involved the father (applicant), the mother (first respondent), and the maternal grandmother (second respondent). The dispute centred on the future care and welfare of the children, with the father seeking sole parental responsibility and the children to live with him, while also seeking to regulate the time the children would spend with the maternal grandmother.

The court was required to determine the most appropriate orders for the children's welfare, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of time the children would spend with each parent and the maternal grandmother. Key considerations included the mother's role in the children's lives, the father's proposed arrangements, and the involvement of the maternal grandmother. The court also had to consider provisions for communication, the prevention of denigration, and the management of any allegations of abuse.

Austin J ordered that the father have sole parental responsibility for the children, and that the children live with him. The mother was restrained from spending any time with the children. The maternal grandmother was granted significant time with the children, including alternate weekends during school terms, specific periods during school holidays, and on their birthdays, with detailed provisions for collection and return. The court also made orders restraining denigration of parties in the children's presence, and prohibiting discussions about sexual abuse with the children. Further orders addressed communication, medical emergencies, school enrolment, and the notification of child welfare authorities. Costs were reserved for 28 days, and all other outstanding applications were dismissed.