Illingworth and Wedge

This matter concerned parenting orders in relation to children, with the parties being the mother and the paternal grandmother. The dispute centred on the extent of contact, if any, the children should have with their paternal grandmother. The case was heard by Judge Howard.

The court was required to determine the best interests of the children, which is the paramount consideration under section 60CA of the *Family Law Act 1975* (Cth). This involved considering the primary considerations outlined in section 60CC(2), namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm. The court also had to consider any other relevant fact or circumstance under section 60CC(3)(m). A key issue was the mother's mental health and its potential impact on the children's welfare.

Judge Howard's reasoning focused on the evidence presented, particularly the report from Dr V, a psychiatrist. Dr V's report indicated that the mother suffered from significant anxiety and depression, which was adversely affecting her parenting. He noted that the mother had an entrenched and negative view of the children's time with the paternal grandmother, which was unlikely to shift. While Dr V did not believe the mother lacked the capacity to make long-term decisions, he found her decision-making regarding contact with the paternal grandmother was impaired by her anxiety disorder and obsessional personality style. Dr V recommended ongoing mental health treatment for the mother, including potential antidepressant medication and strategies to manage her anxieties. The court considered that the mother's mental health vulnerabilities and her obsessional approach to contact with the paternal grandmother were significant factors in determining the children's best interests.

The court made orders for the Independent Children’s Lawyer to provide a proposed Final Order to the parties, with a deadline for them to attempt to reach an agreed position. If agreement could not be reached, the matter was to be listed for mention, with personal attendance required by the parties and their legal representatives.