Scriven and Scriven and Ors

In the matter of *Scriven and Scriven and Ors*, Cleary J of the Family Court of Australia considered an application brought by the child’s maternal grandmother concerning the residence and parental responsibility for the child. The child was residing with the maternal grandmother, and the mother was the sole active respondent. The dispute centred on the child's best interests, particularly in light of the child's significant relationship with the maternal grandmother and the mother's limited capacity to prioritise the child's needs.

The court was required to determine who should have parental responsibility for the child and where the child should reside. Key issues included assessing the child's best interests, considering the child's views, and determining the appropriate arrangements for the child to spend time with the mother, taking into account existing safety concerns, including an apprehended violence order against the mother for the protection of the child and the maternal grandmother. The court also had to consider the child's ability to maintain relationships with the father and paternal family in New Zealand.

Cleary J applied the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the child. The court noted expert opinion suggesting the mother's capacity to focus on the child's needs would remain limited without consistent therapeutic intervention and that the mother had been unable to prioritise the child's safety, security, and emotional stability. The court found that the child's most significant relationship was with the maternal grandmother and that the child would be able to maintain relationships with the father and paternal family in New Zealand through visits facilitated by the grandmother.

Consequently, the court ordered that the maternal grandmother have sole parental responsibility for the child and that the child live with the maternal grandmother. The mother was granted supervised time with the child for a period of 12 months, with a progression to unsupervised alternate weekend time after the child commenced high school in 2018. In the event the mother did not take up these opportunities, the child was to spend supervised time with the mother on four occasions per year. The court also made orders regarding communication between the parties and the child, overseas travel, and restraints to prevent denigration of either party.