Leonard & Gregory

This matter concerned parenting orders sought by Mr Leonard (the applicant father), Ms Gregory (the first respondent mother), Ms Sutton (the second respondent paternal grandmother), and Mr B Leonard (the third respondent paternal grandfather) concerning their child, X. The proceedings were before Obradovic J in the Federal Circuit Court of Australia.

The court was required to determine the living arrangements for X, who was ten years old, and the time X would spend with each of the parties. Competing proposals were put forward by the father, paternal grandparents, mother, and the Independent Children's Lawyer, reflecting significant disagreements regarding X's upbringing and the level of involvement of the paternal grandparents. The court also considered identified risks associated with X spending time with the father, including alleged and past drug use and concerns about social media and pornography access, and risks associated with the paternal grandparents, such as potential undermining of X's relationship with her mother and concerns about their protective capacity.

Obradovic J made orders by consent, which included provisions to ameliorate the identified risks. The court ordered that X live with the paternal grandparents, with specific arrangements for X to spend time with the mother, father, and paternal grandparents during school terms and holidays. The court also ordered that the parties and X attend upon a Family Consultant for the preparation of a family report, to address matters including X's views, relationships with parties, and the capacity of each party to meet X's needs. These orders were made in the context of ensuring X's involvement in her Aboriginal culture, regardless of her living arrangements.

Pending further order, the court ordered that child X live with the paternal grandparents. The mother was granted specific time with X, including alternate weeks and during school holidays, with further provisions for Christmas and Mother's Day. The paternal grandparents were also granted specific time with X during Easter Sunday and Boxing Day. The father's time with X was to be agreed between him and the paternal grandparents, and all parties were to have frequent, liberal telephone communication with X. The matter was to be relisted following the release of the Family Report.