Taggart & Taggart (No 2)

In *Taggart & Taggart (No 2)*, the father sought orders restraining the mother from spending any time or communicating with the child, and a vexatious proceedings order against the mother. The dispute arose following a final parenting order made in September 2016, which stipulated the child live with the father and spend time with the mother. The mother had subsequently retained the child on two occasions contrary to this order and had consistently undermined the child's relationship with the father and his family, demonstrating an inability to accept the outcome of the 2016 proceedings.

The court was required to determine whether the mother's behaviour posed an unacceptable risk of psychological and emotional harm to the child, such that contact should be entirely prohibited. Additionally, the court had to consider whether the mother had instituted and conducted vexatious proceedings, warranting the imposition of a vexatious proceedings order.

Carew J found that the mother was incapable of regulating her behaviour and lacked insight into the damage caused to the child. The court concluded that the mother presented an unacceptable risk of psychological and emotional harm to the child, a risk that could not be ameliorated by supervision. Consequently, the court ordered that the mother be restrained from spending any time or communicating with the child. Furthermore, finding that the mother had frequently instituted and conducted vexatious proceedings, the court made a vexatious proceedings order against her.