Kalb & Causer

The applicant, the maternal grandmother, sought sole parental responsibility for the two children. The respondent father sought sole parental responsibility for the children, with the children to live with him and spend time with the maternal grandmother monthly, subject to the elder child's wishes. The mother did not participate in the proceedings. The court was presided over by Hartnett J.

The primary legal issues before the court were whether it was in the best interests of the children for the maternal grandmother to have sole parental responsibility, and if not, what parenting orders should be made concerning the children's residence, time spent with each parent, and time spent with the maternal grandmother. The court also had to consider the impact of the maternal grandmother's previous breaches of court orders.

Hartnett J found that the maternal grandmother had blatantly breached previous court orders. Considering the best interests of the children, the court determined that it was not in their best interests to grant the maternal grandmother sole parental responsibility. Instead, the court ordered that the father have sole parental responsibility for the children, with the children to live with him. The court further ordered that the children spend time with the maternal grandmother on one weekend per month, provided the elder child agreed to this arrangement. No orders were made regarding time spent with the mother due to her non-participation in the proceedings.