Kane & Anor and Kane & Anor

This matter concerned an application for parenting orders regarding a child born in 2002. The primary dispute involved the child's residence and contact arrangements with her mother and maternal grandparents, who had been caring for the child. The court also addressed issues concerning the child's contact with a Mr F and the mother's conduct during contact.

The court was required to determine where the child should live, who should have parental responsibility, and the terms of the child's time and communication with her mother. Further issues included whether to restrain contact between the child and Mr F, and whether the mother should be prohibited from being under the influence of alcohol or illicit substances when spending time with the child. The court also considered the release of the child's passport to the maternal grandparents and their ability to travel internationally with the child.

Benjamin J ordered that the child live with her maternal grandparents, Ms A Kane and Mr B Kane, who were granted parental responsibility. The child was to spend time and communicate with her mother, Ms C Kane, as agreed or as otherwise ordered by the court. Crucially, all parties were restrained from demeaning, harassing, or abusing each other in the child's presence and from bringing the child into contact with Mr F. The mother was also ordered not to be under the influence of alcohol or illicit substances during contact. The child's passport was to be released to the maternal grandparents, permitting them to travel internationally with the child, provided they gave 28 days' notice to both the father and the mother. The child was also to be removed from the Airport Watch list.