Grivas and Kader & Ors

The case of *Grivas and Kader & Ors* concerned parenting orders for a child where the Department of Family and Community Services held parental responsibility. The child was primarily in the care of the maternal grandmother, with the parents having limited contact. The proceedings arose from a history of drug use and family violence between the parents, and expert evidence indicated the mother had untreated mental health issues posing risks to the child.

The court was required to determine the best interests of the child, specifically with whom the child should live and spend time, and who should hold parental responsibility. The court also considered applications regarding the costs of the independent children's lawyer and the fees of a single expert witness.

Foster J found that the need to protect the child from harm was of paramount significance. Applying the best interests considerations, the court ordered a phased transition of parental responsibility to the father, commencing with the Minister for Family and Community Services holding sole parental responsibility for an initial three-month period. During this time, the child was to live as directed by the Department, potentially with the father. Following this period, the father was to hold sole parental responsibility and the child was to live with him, subject to nine months of supervision by the Department. The child was to spend time with the maternal grandmother as agreed, or on the first weekend of each month. Contact with the mother was to be limited, supervised by the maternal grandmother or another agreed person, and occur on specific Sundays, with changeovers at the maternal grandmother's home. The court also made orders regarding the father's authority to enrol the child in school and the mother's entitlement to obtain educational and health information.

In relation to costs, the father and mother were each ordered to pay $7,733 to the Independent Children’s Lawyer. Regarding the single expert's fees, the Department was to pay one-third, and the father and mother were each to contribute one-third, with specific directions for the reimbursement of fees already paid by the father.