Paget & Paget

In *Paget & Paget*, the applicants, Mr and Ms Paget (the paternal grandparents), sought orders for time with their grandchildren, aged 10 and 13. The respondents, Mr B Paget and Ms Hampton (the parents), opposed the application. The dispute arose in the context of an extraordinarily bitter relationship between the grandparents and the father, which was further complicated by the existence of hate-filled messages ostensibly prepared by the children for the grandmother.

The court was required to determine whether the grandparents' application for time with the children should be summarily dismissed. This involved considering the objects of the *Family Law Act 1975* (Cth), particularly those relating to the best interests of the child and the importance of maintaining a meaningful relationship with both parents and other significant people in a child's life. The central issue was whether, given the extreme animosity between the parties and the disturbing nature of the communications, it was possible to foster a relationship between the children and their grandparents.

Judge Burchardt reasoned that the deeply concerning and hate-filled messages, coupled with the parents' position, rendered the prospect of a healthy relationship between the children and their grandparents impossible. The court found that continuing with the substantive application would be futile and contrary to the children's best interests, given the level of acrimony and the potential harm that further litigation could inflict. Consequently, the court applied the principles for summary dismissal, concluding that the application had no real prospect of success.

Pursuant to section 45A of the *Family Law Act 1975*, the court ordered the dismissal of the initiating application filed on 13 January 2021. The order appointing the Independent Children’s Lawyer was also discharged.