Morgan & Anor and Weston

This case concerned applications by the parents, Ms Morgan and Mr Weston, for their three young children, V, D, and Y, to return to their principal care. The children had been living with their paternal grandmother, Ms Weston, since they were infants, with the parents' consent. The paternal grandmother opposed the parents' applications and sought orders for the children to continue living with her, with her having sole parental responsibility. An Independent Children's Lawyer also participated in the proceedings.

The Family Court of Australia was required to determine the children's best interests, specifically with whom they should live and who should hold parental responsibility. Key issues included the impact of family violence in the parents' household, the father's history of domestic violence order breaches and substance abuse, departmental involvement with the family, and the children's need for protection from harm. The court also considered the children's Aboriginality and the importance of maintaining their cultural connections.

The court found that the statutory presumption of equal shared parental responsibility was rebutted due to a serious history of domestic violence in the parents' household, primarily perpetrated by the father. The court was satisfied that the children's best interests were served by them continuing to live with their paternal grandmother. The grandmother was granted sole parental responsibility for major long-term issues, subject to a consultation process with the parents. The court also made orders for the children to spend time with their parents, initially at a supervised contact centre, with the grandmother having the discretion to assess when unsupervised time would be appropriate, taking into account advice from relevant professionals and the parents' progress in addressing their issues.

The court ordered that all previous court orders and parenting plans be discharged. The children were to live with the paternal grandmother, who was granted sole parental responsibility for major long-term issues, with a requirement to consult with the parents. The children were to spend time with their parents at the supervised contact centre under specific conditions, or as otherwise agreed between the grandmother and the parents. The court also stipulated conditions regarding the parents' conduct during contact and the grandmother's assessment of their capacity for unsupervised time. The Independent Children's Lawyer was discharged.