HYLAND & HYLAND

In the matter of *Hyland & Hyland*, the paternal grandmother sought parenting orders to spend time with her grandchildren, aged 11 and 9. The children had never met their paternal grandmother, and the estrangement between the parents and the paternal grandmother predated the children's birth. The parents remained married and were not in dispute with each other, but were estranged from the paternal grandmother.

The central legal issue before Judge Betts was whether it was in the best interests of the children for the paternal grandmother to have contact with them, given the long-standing estrangement and the fact that the children had no existing relationship with her. The court was required to consider the impact of any such orders on the children's welfare.

Judge Betts dismissed the paternal grandmother's application. The reasoning focused on the paramount consideration of the children's best interests. The court found that, in the absence of any pre-existing relationship and given the significant period of estrangement, ordering time between the grandmother and the children would not be in their best interests. The court noted that the children had not expressed any desire to meet their paternal grandmother and that imposing such contact could be detrimental to their welfare.

The paternal grandmother's application for parenting orders was dismissed. The orders also provided a framework for any potential costs application, requiring written submissions within specified timeframes and addressing whether the application should be determined in chambers or require further oral argument.