Henry and Oden and Ors

This matter came before Baumann J in the Family Court of Australia concerning parenting orders for a child, X, born in 2011. The primary dispute involved the living arrangements and parental responsibility for the child, with the applicant being the maternal grandmother, Ms Henry, and the first respondent being the mother, Ms Oden. An intervener also consented to orders pursuant to section 69ZK(1)(b) of the *Family Law Act 1975*.

The court was required to determine the appropriate parenting orders for the child, including where the child would live, who would have parental responsibility, and the nature and extent of contact between the child and the mother. Additionally, the court needed to consider the mother's psychiatric condition and its implications for her parenting capacity, as well as the need for ongoing assessments and support for both the child and the mother. The court also had to address communication protocols between the parties and restrictions on the mother's conduct.

In its reasoning, the court discharged all previous parenting orders and made new orders based on the best interests of the child. The child was ordered to live with the maternal grandmother, who was granted sole parental responsibility. The mother was directed to undergo a comprehensive psychiatric assessment and to follow all recommendations made by the psychiatrist. Supervised time with the child during school holidays was to commence only after the mother completed her assessment and committed to treatment, with such time to be supervised by a qualified professional and not in close proximity to the grandmother's home. The court also established specific communication arrangements, including recorded telephone calls and a prohibition on the mother attending the child's school or contacting the grandmother or her third-party providers. Further assessments of the child's academic, intellectual, and social-emotional development were ordered, along with enrolment in a specific school and medical and dental assessments.

The court ordered that the application be adjourned for further directions, including submissions regarding supervised time during the upcoming school holidays. The maternal grandmother was granted leave to appear by telephone at the next directions hearing.