Stamford & Jewel & Anor

The matter before Austin J concerned parenting orders for a child, B, born in 2004. The parties involved were the child's mother, the child's father, and the child's maternal grandmother. The primary dispute revolved around the child's living arrangements and time spent with each parent, with the maternal grandmother seeking sole parental responsibility.

The court was required to determine the most appropriate parenting orders for the child, considering the primary considerations under section 60CC of the Family Law Act, including the child's best interests, the child's relationship with each party, and any risks of harm. Specifically, the court had to assess the risk of emotional harm to the child arising from the mother's erratic behaviour, psychiatric condition, and drug use, as well as the risk posed by the father's suspected drug use and violent behaviour. The court also considered additional factors, such as the practical difficulties and expense associated with the child spending time with the father, including the significant travel distance between the parties' residences and the father's history of not paying child support. The assertion of Aboriginal heritage was noted but not pursued as an issue by the parties.

Austin J reasoned that the child's primary attachment was with the maternal grandmother, and the child had a meaningful relationship with the father. The court found that while there were risks associated with both parents, the child was not at an unacceptable risk of emotional harm in the father's care. The court also acknowledged the practical challenges of the father's distance from the child and his financial obligations. Consequently, the court ordered that the maternal grandmother have sole parental responsibility for the child, with the child to live with her. The mother's time with the child was to be supervised by the maternal grandmother, while the father was granted unsupervised time with the child, with specific arrangements for the frequency and duration of this time, including provisions for travel and communication. The court also made orders restraining the consumption of alcohol by the father during periods of his care, prohibiting smoking in the child's presence, and requiring parties to refrain from denigrating each other in the child's hearing.