TIPTON & SAVEGE

In the matter of Tipton & Savege, heard by Judge Betts, the dispute concerned parenting arrangements for two young children. While the parents had largely agreed on the children living with the Mother and spending regular time with the Father, a significant issue remained regarding contact between the children and their paternal grandfather. This arose due to the grandfather's recent conviction for historical child sexual offences committed in the early 1980s.

The court was required to determine whether any contact between the children and their paternal grandfather was in the children's best interests, and if so, what conditions and limitations should apply to such contact. The central legal question revolved around assessing the "unacceptable risk" posed by the grandfather's past offending and considering the capacity of the Father and other paternal family members to adequately supervise any contact.

Judge Betts concluded that, despite the concerning history, it was in the children's best interests for some supervised contact with their paternal grandfather to occur. However, this contact was to be strictly limited in scope and subject to rigorous conditions. The court applied the paramount principle of the children's best interests, considering the need for protection from harm while also acknowledging the potential benefit of maintaining some familial connection. The reasoning involved a careful balancing of these competing considerations, leading to detailed orders designed to mitigate risk.

The court made extensive orders to facilitate supervised contact, including specific timeframes for visits on public holidays and birthdays, and strict injunctions on the Father regarding supervision, alcohol consumption, and prohibited activities. Further conditions were imposed on other adult paternal family members who might be present, requiring them to file undertakings acknowledging the grandfather's convictions and agreeing to specific supervision requirements. The court also ordered that the Independent Children's Lawyer and a Family Consultant explain the orders to the children in an age-appropriate manner.