Paddon & Anor and Harrelson & Anor

This matter concerned an application before Cleary J concerning the welfare of a child born in 1998. The dispute involved the child's parents, Mr Paddon and Ms Paddon, and the child's maternal grandparents, Mr and Ms Harrelson. The court was required to make orders regarding the child's living arrangements, parental responsibility, and communication with his parents.

The central legal issues before the court were: who should have sole parental responsibility for the child; with whom the child should live; the extent to which the child should have contact with his parents and siblings; and the nature of the restrictions to be placed on the parents and the maternal grandparents in relation to the child and the proceedings. The court also considered the need for ongoing counselling and medical assessments for the child, and the dissemination of the court's orders to relevant parties.

Cleary J discharged all previous orders relating to the child and made new orders. The maternal grandparents, Mr and Ms Harrelson, were granted sole parental responsibility and the child was ordered to live with them. The court facilitated communication and time with the child's parents and brothers, to be facilitated by the maternal grandparents. The maternal grandparents were restrained from using corporal punishment, and the parents were restrained from contacting or approaching the child or places where the child lives, attends school, or works, with exceptions for facilitated communication. The maternal grandparents were also ordered to ensure the child continued counselling and underwent paediatric and child psychiatric assessments, with ongoing consultations if recommended. Both sets of parties were restrained from discussing the proceedings with the child, and the child was to have the orders explained by the Independent Children's Lawyer.