Hammond and Nave

This matter concerned an application by the paternal grandmother for orders regarding the children, [X], [Y], and [Z], against the mother. The court was required to determine the parenting arrangements for the children, specifically whether the paternal grandmother should have a more significant role in their lives.

The central legal issues before the court were the best interests of the children, as mandated by the relevant legislation. This involved assessing the likely effect of any changes in the children's circumstances, including separation from their parents or other significant persons, and the capacity of each parent and any other person, including the paternal grandmother, to provide for the children's needs, both emotional and intellectual. The court also considered the children's maturity, sex, lifestyle, and background, and any other relevant characteristics.

The court reasoned that the mother was the most crucial figure in the children's lives, particularly given the father's absence. It found that the mother had fulfilled her duty to support the children and that separating them from her would have a significantly negative impact on their emotional and psychological wellbeing. In contrast, the court determined that the current poor relationship between the children and the paternal grandmother meant that any separation from her would not have a substantial negative effect on their wellbeing. Furthermore, the court noted concerns about the paternal grandmother's ability to promote the children's emotional and intellectual needs, given her critical attitude towards the mother's parenting.

On a final basis, the court ordered that the children live with the mother and that the mother have sole parental responsibility for them. The paternal grandmother was granted liberty to forward postcards, letters, cards, and gifts to the children on special occasions, and the mother was ordered to provide her postal address. The order appointing an Independent Children’s Lawyer was discharged, and otherwise, the paternal grandmother’s application was dismissed.