Sidden and Tanda and Anor

This matter concerned parenting orders for two children, aged 12 and 13, who were living with their father. The primary disputes before the court were whether the mother and father should share equal parental responsibility, and whether the children should spend time with the mother and the maternal grandmother. The court was informed that the mother's current husband had perpetrated family violence and abused the children, and that the mother was unwilling or unable to leave this relationship.

The court was required to determine several key issues. Firstly, it needed to decide whether to make orders for the children to spend time with the mother, given the circumstances of family violence and abuse. Secondly, the court had to consider whether to make orders for the children to spend time with the maternal grandmother, and if so, to what extent. Finally, the court was tasked with determining the appropriate form of parental responsibility for the children, considering the parents' capacity to share such responsibility.

In its reasoning, the court found that the parents were incapable of sharing parental responsibility. The court determined that no orders should be made for the children to spend time with the mother due to the risk posed by her current husband's conduct and her inability or unwillingness to leave that relationship. Regarding the maternal grandmother, the court noted her denial about the nature of the mother's relationship with her husband. Consequently, no order was made for the 12-year-old to spend time with the maternal grandmother, but the 13-year-old was permitted to spend time with her at his request.

The court ordered that the children shall live with the father and that the father shall have sole parental responsibility for them. The father is to promptly notify the mother of any major long-term decisions he makes. The mother is to spend no time with and have no communication with the children, and is restrained from contacting or communicating with them, including through a third party or by approaching them at their residence or school. The 13-year-old child may spend time with and communicate with the maternal grandmother at his request. The Independent Children’s Lawyer’s application for costs was dismissed.