Richards and Brooks and Anor

This matter concerned an application before Foster J concerning the welfare of two children, D and E. The parties involved were the paternal grandmother, Ms Richards, and the maternal grandmother, Ms B Brooks, who were seeking orders regarding the parental responsibility and living arrangements for the children. The mother, Ms C Brooks, was also a party to the proceedings, and an Independent Children’s Lawyer had been appointed.

The court was required to determine a range of issues concerning the children's care, including who should have parental responsibility, where the children should live, and the extent of contact, if any, the mother should have with them. Further issues included the arrangements for the children to spend time with each other, their access to therapeutic support, and their ability to travel internationally. The court also had to consider an application for costs made by the Independent Children’s Lawyer.

In reaching its decision, Foster J applied the paramount consideration of the best interests of the children. The orders made reflect a determination that the paternal grandmother should have sole parental responsibility and the primary residence for child D, while the maternal grandmother should have sole parental responsibility and the primary residence for child E. The court also made specific provisions for the children to spend supervised time together, for their ongoing therapeutic treatment, and for their international travel. Crucially, the mother was significantly restricted from contact with the children, with any contact to be determined by the children’s therapists.

The court ordered that the paternal grandmother have sole parental responsibility and the primary residence for child D, and the maternal grandmother have sole parental responsibility and the primary residence for child E. The children were to spend supervised time together monthly. The mother was to have no contact with the children except as recommended by their therapists. Both children were permitted to travel internationally, with their respective grandmothers authorised to apply for passports. The application for costs by the Independent Children’s Lawyer was dismissed.