Matlock and Burrell and Ors

In the matter of Matlock and Burrell and Ors, Johns J of the Family Court of Australia considered parenting arrangements for a child named C. The dispute involved the child's mother, the maternal grandmother, and the paternal grandmother, with an Independent Children's Lawyer also participating. The proceedings concerned the future care and welfare of the child, C, born in 2009.

The court was required to determine the appropriate parenting orders, specifically addressing issues of parental responsibility, the child's living arrangements, and the nature and extent of contact between the child and the paternal grandmother. The court also had to consider the implications of previous allegations of abuse and the need for therapeutic intervention to facilitate any reintroduction of the child to the paternal grandmother.

Johns J ordered that all previous parenting orders be discharged. The court established equal shared parental responsibility for the child between the mother and the maternal grandmother, with the child to live with them. If the mother and maternal grandmother were to reside separately, the child would live with the maternal grandmother unless otherwise agreed. The child was to spend time and communicate with the paternal grandmother on four occasions per year at a nominated contact centre, with the paternal grandmother bearing the cost of these visits, and also through cards and letters on special occasions. The court mandated therapeutic counselling for the mother, maternal grandmother, child, and paternal grandmother prior to any contact commencing, with the costs to be shared equally. The court also issued restraining orders preventing the denigration of parties or discussion of allegations in the child's presence, and restricting contact with other therapeutic practitioners or initiating contact outside the court's orders.