GRANT & GRANT

In *Grant & Grant*, the Family Court of Australia considered parenting orders concerning two children. The dispute centred on the father's relationship with the children, which had deteriorated significantly, with the children expressing apprehension and a lack of desire to spend time with him. The court also noted the father's anger issues and aggressive behaviour towards the mother, which had the capacity to constitute family violence. While the father had undertaken therapy and educational courses, the court found no evidence of genuine change. Conversely, the mother, despite inappropriately involving the children in child support matters, remained willing and able to facilitate a relationship with the father.

The primary legal issues before the court were whether to continue or vary existing interim orders for supervised time with the father, and how to allocate parental responsibility and determine the children's time with each parent, given the circumstances. The court was required to assess the children's best interests, considering their views, the father's behaviour, and the mother's capacity to facilitate a relationship.

Austin J reasoned that the children were at risk of psychological harm due to the father's behaviour. Despite the mother's acknowledged inappropriate conduct regarding child support, her willingness and ability to foster a relationship with the father were weighed against the father's demonstrated propensity for aggression and lack of proven change. The court found that the children's relationships with the father were no longer meaningful and that the father's behaviour posed a risk. The court also noted the practical difficulties in providing indefinite supervised time, particularly the unavailability of appropriate supervisors.

Consequently, all former parenting orders were discharged. The mother was granted sole parental responsibility for the children, and the children were ordered to live with her. The father was restrained from attending the mother's home and the children's schools. No orders were made for the children to spend time with the father; this decision was left to the mother's discretion as an incident of her sole parental responsibility. However, orders were made for weekly telephone communication and for the exchange of letters, cards, and gifts, with provisions for the mother to facilitate communication and for both parties to refrain from denigrating each other in the children's presence.