Litchfield & Hartmann

In the Family Court of Australia, Dawe J considered an application by the maternal grandparents of a 15-year-old child for the child to live with them and for them to have sole parental responsibility. This application followed earlier proceedings commenced by the mother seeking the child's return to the United Kingdom under the Hague Convention, which were dismissed. The mother did not appear in the current proceedings, which were therefore dealt with on an undefended basis.

The court was required to determine the child's living arrangements and parental responsibility, considering the factors outlined in section 60CC of the Family Law Act 1975 (Cth). Key issues included serious allegations made by the mother against the maternal grandfather, which were denied and unsubstantiated by evidence, and the child's strong preference to remain living with her grandparents. The court also had to consider the practicalities of shared parental responsibility given the poor relationship between the mother and the grandparents.

Dawe J reasoned that further disruption to the child's living arrangements would likely be detrimental to her welfare, particularly given her age and expressed preference. The court found that the allegations against the grandfather lacked evidence and were strenuously denied. In light of the child's welfare and the lack of evidence supporting the mother's allegations, the court determined that it was not practical to require shared parental responsibility.

Consequently, the court ordered that the child live with her maternal grandparents and that they have sole parental responsibility. The grandparents were also ordered to provide the mother with regular information regarding the child's schooling and health, and to facilitate the child spending time with and communicating with the mother as agreed or as determined by the court.