Sherwin and Enright and Ors

This matter concerned an application before Judge Neville regarding the welfare of a child, [X], born in 2011. The application was brought by the maternal grandparents, Mr and Mrs Sherwin, against the child's father and paternal grandmother. The paternal grandmother had also filed a response and a notice of risk of child abuse.

The court was required to determine several critical issues concerning the child's living arrangements, contact with her parents and paternal grandmother, and her ability to travel internationally. Specifically, the court had to decide whether to grant the interim orders sought by the maternal grandparents, which included the child living with them, having no contact with her father, limited contact with her mother, specified time with her paternal grandmother, and a prohibition on the paternal grandmother facilitating contact between the child and the father. The court also had to consider the paternal grandmother's application and the child's travel arrangements.

In reaching its decision, the court made interim orders that largely favoured the maternal grandparents' application. The paternal grandmother's response was dismissed. The child was ordered to live with the maternal grandparents, have no time with her father, and spend time with her mother under the direction of the Director-General of Community Services. The child was also to spend specified time with the paternal grandmother, who was restrained from facilitating any contact between the child and the father, including via telephone or Skype, particularly given the father's imprisonment. The court also permitted the child to travel internationally with the maternal grandparents for up to four weeks, subject to specific notice and itinerary requirements. The paternal step-grandfather was permitted to spend time with the child when she was with the paternal grandmother, also under the same restrictions regarding contact with the father. These orders were made in light of the filed notice of risk of child abuse.