Tulach & Grunswell (No. 2)

This case concerned parenting orders for two children, X and Y, involving their mother, Ms Tulach, and their father, Mr Grunswell. The maternal grandmother was also a party, specifically in relation to child X. The dispute involved cross-allegations of family violence and child abuse, and the court was required to determine the best interests of both children, including with whom they would live and spend time. The separation of the siblings and the potential for psychological harm due to ongoing conflict were significant considerations.

The court was tasked with determining the parental responsibility and living arrangements for both children, X and Y. Key issues included assessing the credibility of allegations of sexual abuse made by the mother against the father, and the risk of harm to the children arising from these allegations and the general conflict between the parents. The court also had to consider the impact of the separation of the siblings and the potential for ongoing psychological harm to the elder child, X, due to the adult conflict and investigations.

Cleary J applied the paramount principle of the best interests of the child. The court found that allegations of sexual abuse against the father were not substantiated and did not suggest a risk of sexual harm to either child. However, the court determined that the elder child, X, was at risk of psychological harm due to adult conflict and the ongoing investigations. Consequently, by consent, the parents were granted equal shared parental responsibility for the younger child, Y, who would live with the mother and spend time with the father, with detailed arrangements for time and communication. For the elder child, X, the maternal grandmother was granted sole parental responsibility, with X to live with her and spend time with the mother, subject to specific conditions and communication protocols. The court also ordered that X be restrained from contact with the father.