Maynard and Marchand and Anor

The dispute before Judge Baker in the Federal Circuit and Family Court of Australia concerned parenting arrangements for a seven-year-old child diagnosed with Autism Spectrum Disorder. The primary parties were the child's parents, Ms Marchand (the mother) and Mr Marchand (the father), and the child's maternal grandmother, Ms Maynard. The proceedings were characterised by high conflict between the mother and the grandmother, contrasted with a co-operative parental alliance between the separated parents.

The court was required to determine whether the maternal grandmother should have time with the child, and to establish appropriate orders regarding the child's living arrangements, time with each parent, and communication between the child and the grandmother. A key consideration was the impact of the inter-familial conflict on the child, particularly given the child's Autism Spectrum Disorder.

Judge Baker made orders for equal shared parental responsibility between the mother and father, with the child to live with the mother. The child was to spend time with the father at times agreed with the mother. Regarding the grandmother, the court granted her liberty to send child-focused Christmas and birthday cards annually, provided they did not denigrate either parent, seek to influence the child regarding time with the grandmother, or express the grandmother's religious or political views. The father was to receive these cards and exercise his discretion in providing them to the child, while also retaining all cards sent by the grandmother for the child's future. The court also ordered that the parents not denigrate the grandmother in the child's presence.