Ragno and Nemet and Anor (No.2)

This matter concerned arrangements for four children, [W], [X], [Y], and [Z], between their mother and their maternal grandmother. The court was required to make orders regarding parental responsibility, the children's living arrangements, time spent with the grandmother, communication between the parties, and various injunctions aimed at protecting the children's welfare.

The court determined the legal issues surrounding the appropriate allocation of parental responsibility and the specific time the children would spend with their maternal grandmother. It also addressed the need for clear communication protocols between the mother and grandmother, and the necessity of imposing injunctions to safeguard the children from harmful behaviours and exposure to inappropriate matters. Furthermore, the court considered the children's ongoing therapeutic and educational needs, including the involvement of an Independent Children's Lawyer.

In its reasoning, the court applied principles of family law focused on the best interests of the children. Orders were made granting the mother sole parental responsibility and establishing a detailed schedule for the children to spend time with the grandmother, with provisions for school holidays and public holidays. The court also mandated specific communication methods, including email updates on important issues and immediate telephone contact in emergencies. A comprehensive set of injunctions was imposed, restraining both parties from physical discipline, denigration, substance abuse in the children's presence, smoking, attending each other's residences without permission, questioning the children about the other party, discussing adult issues or court proceedings with them, and specifically preventing the child [W] from being left alone with the maternal grandfather. The court also ordered specific medical and educational interventions for the children and required both parties to engage in parenting education programs.

The court ordered that the mother have sole parental responsibility for the children and that they live with her. The children are to spend time with the maternal grandmother on an alternate week basis, with specific arrangements for school holidays and public holidays. The orders also detail communication protocols between the parties, including email updates and emergency contact procedures. Crucially, a series of injunctions were granted, restraining both parties from various harmful behaviours towards the children and each other, and mandating specific therapeutic and educational interventions for the mother, the children, and the grandmother. The appointment of the Independent Children's Lawyer was continued for 12 months.