Hanley and Aish and Anor

In the matter of Hanley and Aish and Anor, heard by Judge Roberts, the dispute concerned parental responsibility and living arrangements for a child. The mother, MS Hanley, sought sole parental responsibility and orders for the child to live with her, while also seeking to limit or preclude contact with the father, MR Aish. MS Paine, the maternal grandmother, was also a party to the proceedings.

The court was required to determine the best interests of the child in relation to parental responsibility, where the child should live, and the extent of time the child should spend with each parent and the maternal grandmother. Crucially, the court had to consider whether any orders should be made for the child to spend time with or communicate with the father.

Judge Roberts reasoned that the orders made on 30 April 2009 were to be discharged. The court determined that it was in the child's best interests for the mother to have sole parental responsibility and for the child to live with her. The court further ordered that the child spend time with the maternal grandmother as agreed between the mother and the maternal grandmother. Significantly, no orders were made requiring the child to spend any time with or communicate with the father. All other extant applications were dismissed.