Hallett and Malcolm and Anor

This case concerned parenting orders for two children, X and Y, born in 2011 and 2013 respectively. The paternal grandmother sought orders for the children to spend time with her, asserting her desire to maintain a relationship and facilitate the children's connection to their Aboriginal heritage. The mother opposed unsupervised time, citing the father's history of violence, drug abuse, and criminal behaviour, and her fear that the paternal grandmother would facilitate contact with the father. The mother also suffers from Post-Traumatic Stress Disorder stemming from the father's violence. The proceedings were before Judge Small in the Family Court of Australia.

The central legal issues before the court were whether the paternal grandmother should be permitted to spend time with the children, and if so, under what conditions, given the significant risks associated with the father and the limited existing relationship between the grandmother and the children. The court was required to balance the grandmother's desire to connect the children with their Aboriginal culture and family against the mother's concerns for the children's safety and well-being, particularly in light of the father's history and the mother's trauma.

Judge Small discharged all previous parenting orders and made new orders. The mother was granted sole parental responsibility, and the children were to live with her. The father was to spend no time with the children. The paternal grandmother was permitted to communicate with the children through cards and letters on specific occasions, subject to the mother's approval of their appropriateness. Further orders, to take effect after the COVID-19 pandemic, outlined a structured approach for the children to learn about their Aboriginal identity and culture, involving contact with a Ms A and participation in family gatherings. However, the paternal grandmother's attendance at such gatherings was conditional on her obtaining the mother's written consent, undergoing drug counselling, and providing clean drug tests. She was also prohibited from approaching the children at gatherings without the supervision of Ms A or another elder. The court also made orders regarding the sharing of school reports and imposed injunctions restraining the parties from denigrating each other or discussing the proceedings in the children's presence.