Greig & Garratt

This matter concerned final parenting proceedings before Foster J, brought by Ms Greig (the mother) against Mr B Garratt (the father) and Ms Garratt (the paternal grandmother). The dispute centred on the child's time with the father and paternal grandmother, given the child had no existing relationship with either. The father was incarcerated, and allegations of family violence were present. The father and paternal grandmother sought orders for the child to spend time with them.

The court was required to determine the best interests of the child in relation to time spent with the father and paternal grandmother, considering the lack of existing relationship, the father's incarceration, and allegations of family violence. The court also had to consider the weight to be given to the family consultant's strong recommendation for no time to be spent with either the father or the paternal grandmother.

The court's decision was based on consent orders. The legal principles applied included the paramount consideration of the child's best interests under the *Family Law Act 1975* (Cth). The court gave significant weight to the family consultant's opinion, which strongly supported no contact. The court also applied sections 68B and 68C of the *Family Law Act 1975* (Cth) to issue injunctions for the personal protection of the child.

By consent, the mother was granted sole parental responsibility and the child was ordered to live with her. The child was to spend no time with the father or the paternal grandmother. Injunctions were made restraining the father and paternal grandmother from approaching, contacting, or taking the child. The mother was authorised to change the child's surname to Greig, obtain a passport without the father's consent, and remove the child from Australia. All outstanding applications were dismissed.