Wallis and Anor and Solomon and Ors

[2009] FamCA 1148

FAMILY COURT OF AUSTRALIA

WALLIS AND ANOR & SOLOMON AND ORS [2009] FamCA 1148

FAMILY LAW – CHILDREN - With whom a child lives - Parties agree that the child should live with the maternal grandmother and that the maternal grandmother have sole parental responsibility for the child - Orders made for the child to spend time with the paternal grandparents until the child commences school one overnight each alternate week, and once the child commences school each alternate weekend, one night in the intervening week and half of school holidays - Mother to spend day time only with the child, such time to be supervised by the maternal grandmother - Child to spend time with the father whilst the father is incarcerated on two occasions per year and to communicate with the father by telephone and letter, and when the father is not incarcerated for two hours once per fortnight at a time when the child is spending time with the paternal grandparents pursuant to these orders with such time to be supervised either at a contact centre or by the paternal grandfather

Family Law Act 1975 (Cth)

APPLICANTS: Mrs Wallis and
Mr G Wallis

1st RESPONDENT: Ms N Solomon

2nd RESPONDENT: Mr W Wallis

3rd RESPONDENT: Ms S Solomon

INDEPENDENT CHILDREN’S LAWYER: Ms Shepherd

FILE NUMBER: NCC 641 of 2008

DATE DELIVERED: 4 November 2009

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Justice Austin

HEARING DATE: 4 November 2009

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Mr Williamson

SOLICITOR FOR THE APPLICANTS: Braye Cragg Solicitors

COUNSEL FOR THE 1ST RESPONDENT: Ms Burns

SOLICITOR FOR THE 1ST RESPONDENT: Catherine Henry Partners

COUNSEL FOR THE 2ND RESPONDENT: Mr Bateman

SOLICITOR FOR THE 2ND RESPONDENT: CMI Law Firm

COUNSEL FOR THE 3RD RESPONDENT: Mr Bates

SOLICITOR FOR THE 3RD RESPONDENT: Rod Powe Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Goodchild

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Neisha Shepherd Solicitors

Orders

1. Each of the parties shall take all reasonable steps to ensure that the child J, born … March 2006 (“the child”), spends time and communicates with the paternal grandparents (Mr G Wallis and Mrs Wallis) as follows:

   1.1       Until the child commences school in the 2011 academic year:

   a.For a period of four weeks from the date of these orders, each Wednesday from 10:00 am until 2:00 pm, and each Sunday from 10:00 am until 4:00 pm.

   b.Thereafter, commencing on Wednesday 2 December 2009, each alternate week from Wednesday 10:00 am until Thursday 5:00 pm, subject to Order 2 hereof.

   c.At parent/carer events and parent/carer/teacher interviews conducted at the pre-school attended by the child.

   d.On the child’s birthday, for a period of two hours at the time agreed between the maternal grandmother and paternal grandparents, but failing agreement, from 3:30 pm until 5:30 pm.

   e.On Christmas Day from 3:00 pm until Boxing Day 3:00 pm in odd numbered years, and from Christmas Eve 3:00 pm until Christmas Day 3:00 pm in even numbered years.

   f.At such other times as may be agreed between the maternal grandmother and paternal grandfather.

   1.2After the child commences school in the 2011 academic year:

   a.         During New South Wales public school terms:

   i)Each alternate weekend from Friday after school until the commencement of school on Monday, or Tuesday in the event that that Monday is a public holiday.

   ii)In each intervening week from Thursday after school until the commencement of school on Friday.

   b.During New South Wales gazetted school holidays, except the Christmas school holidays, for the first half of such holidays in every even numbered year and for the second half of such holidays in every odd numbered year.

   c.During the New South Wales gazetted Christmas school holidays, for the first half of such holidays in the years when the holidays commence in an even numbered year, and for the second half of such holidays in the years when the holidays commence in an odd numbered year, subject to Order 3 hereof.

   d.On the child’s birthday, for a period of three hours at the time agreed between the maternal grandmother and the paternal grandparents, but failing agreement, from 4:00 pm until 7:00 pm.

   e.By telephone each Tuesday night between 6:00 pm and 7:00 pm, and for that purpose the paternal grandfather shall telephone the child on the telephone number provided to him by the maternal grandmother, and the maternal grandmother shall ensure that the child is able to receive the paternal grandfather’s call on that number at that time.

   f.At such other times as may be agreed between the maternal grandmother and paternal grandfather.

2. Order 1.1(b) is suspended if the time spent pursuant to that Order falls across Christmas Eve, Christmas Day, or Boxing Day.

3. Order 1.2(c) is suspended during the period from Christmas Eve 3:00 pm until Boxing Day 3:00 pm each year, during which period the child will spend time with the paternal grandparents from Christmas Eve 3:00 pm until Christmas Day 3:00 pm in even numbered years, and from Christmas Day 3:00 pm until Boxing Day 3:00 pm in odd numbered years.

4. For the purposes of implementation of Orders 1.2(b) and 1.2(c), the New South Wales public school holidays are deemed to commence on the first day following the last day of school term, the holidays are deemed to end on the last day preceding the day upon which the child is due to return to school, and the mid point is the day between those first and last days.

5. For the purposes of implementing the time spent by the child with the paternal grandparents:

   5.1The paternal grandparents shall collect the child from, and return the child to, school when the time to be spent by the child with them commences at the conclusion of school or ends at the commencement of school.

   5.2Otherwise, the maternal grandmother shall cause the child to be delivered to the residence of the paternal grandparents at the commencement of the time to be spent by the child with the paternal grandparents, and the paternal grandparents shall cause the child to be returned to the residence of the maternal grandmother at the conclusion of the time spent by the child with the paternal grandparents.

6. The paternal grandparents are restrained from permitting the father, W Wallis, to reside at their home whilst the child is spending time with them pursuant to these orders.

7. The paternal grandparents are restrained from permitting their other son, D Wallis, to reside at their home whilst the child is spending time with them pursuant to these orders, if D Wallis is under the influence of alcohol or illicit substances, or has been under the influence of alcohol or illicit substances within a period of 72 hours of the commencement of the time to be spent by the child with the paternal grandparents.

8. Each of the parties shall take all reasonable steps to ensure that the child spends time and communicates with the mother (N Solomon) as follows:

   8.1On no less than three separate occasions each week, for a period of three hours on each occasion.

   8.2On Christmas Day each year, whilst the child is living with the maternal grandmother, for a period of not less than three hours.

   8.3      On the child’s birthday, for not less than three hours.

   8.4      On Mother’s Day, for not less than three hours.

   8.5At such other times as may be agreed between the maternal grandmother and the mother, including overnight, but subject to Order 10 hereof.

   8.6During any of the occasions on which the child is already spending time with the paternal grandparents pursuant to these orders, subject to the agreement of the paternal grandparents.

9. The time spent by the child with the mother pursuant to Orders 8.1 to 8.5 inclusive shall be supervised by the maternal grandmother, and the time spent by the child with the mother pursuant to Order 8.6 shall be supervised by the paternal grandparents.

10. The maternal grandmother is restrained from permitting the mother to reside at her home, or to stay overnight at her home, whilst ever the child is living with the maternal grandmother, until such time as the mother furnishes to the maternal grandmother a report, authored by a psychiatrist or psychologist treating the mother pursuant to Order 29 hereof, verifying that the mother has been compliant with her treatment and has not suffered from any psychosis for a period of two continuous years.

11. Each of the parties shall take all reasonable steps to ensure that the child spends time and communicates with the father (W Wallis) as follows:

    11.1By telephone each alternate Thursday (commencing on 16 December 2009), on Christmas Day, and on the child’s birthday, and for that purpose the father shall telephone the child on the telephone number provided to him by the maternal grandmother or paternal grandparents.

    11.2By the exchange of letters, cards, and gifts.

    11.3Whilst ever the father is incarcerated in a correctional facility, providing that the correctional facility is not more distant than 2.5 hours driving time from the child’s residence, on no more than two occasions per calendar year, commencing in 2010, with such time to be supervised by the paternal grandfather.

    11.4Whilst ever the father is not incarcerated in a correctional facility, for a period of two hours once per fortnight at a time when the child is spending time with the paternal grandparents pursuant to these orders, with such time to be supervised either at a contact centre or by the paternal grandfather.

12. The maternal grandmother shall ensure that, until the child commences school in the 2011 academic year, the child continues to attend the pre-school where he is currently enrolled on Mondays and Tuesdays of each week that the preschool is open.

13. The maternal grandmother shall provide to the child’s pre-school or school whatever consent may be necessary so as to enable the paternal grandparents to attend and participate in the child’s pre-school and school events, including but not limited to sports carnivals, parent/carer/teacher interviews, and reading groups.

14. The paternal grandparents shall, whilst ever the child is spending time with them pursuant to these orders, ensure that the child attends any sporting activity or after-school activity in which the child is enrolled or registered.

15. The maternal grandmother shall do all such things as may be necessary so as to authorise the paternal grandparents to obtain pre-school reports, school reports, newsletters, and other information concerning school events that pertain to the child.

16. The maternal grandmother shall cause a sealed copy of these orders to be furnished as soon as practicable to the principal, or other authorised officer, of any pre-school, infants school, primary school, or high school at which the child is from time to time enrolled to attend.

17. The parties are restrained from being under the influence of alcohol and/or any illicit substance whilst the child lives or spends time with them.

18. The parties are restrained from allowing any person under the influence of alcohol and/or any illicit substance to remain within their home whilst the child is living or spending time with them.

19. Each party is restrained from denigrating any other party in the presence or hearing of the child, and from permitting the child to remain in the presence or hearing of another person denigrating any other party.

20. The parties are restrained from permitting the child to be exposed to any family violence.

21. Each party is restrained from causing or permitting the infliction of corporal punishment upon the child.

22. If the maternal grandmother is unable to personally care for the child at any time then she must first offer the temporary care of the child to the paternal grandparents before making an offer to any other person.

23. The maternal grandmother and the paternal grandparents are restrained from changing the location of their residences beyond a distance of 50 kilometres from the residence of one another without the prior written consent of the other.

24. Each party shall forthwith inform the other, and keep each other informed, in writing of their respective current residential address, landline telephone number, mobile telephone number, and email address.

25. The maternal grandmother and the paternal grandparents shall give one another 28 days written notice of their respective intention to change their residential address.

26. Within 28 days of these orders, the paternal grandparents shall do all such things as may be necessary to obtain a referral from the Manager of Child Dispute Services within the Newcastle Registry of the Family Court of Australia to a counsellor for the purposes of their attendance and participation in counselling at times deemed appropriate by the appointed counsellor for a period of not less than 12 months.

27. Within 28 days of these orders, the maternal grandmother shall do all such things as may be necessary to obtain a referral from the Manager of Child Dispute Services within the Newcastle Registry of the Family Court of Australia to a counsellor for the purposes of her attendance and participation in counselling at times deemed appropriate by the appointed counsellor for a period of not less than 12 months, and the maternal grandmother shall use her best endeavours to ensure that her partner, Mr P, attends such counselling with her.

28. The paternal grandmother shall attend upon her general practitioner on a regular basis for review of her mental health and her continued participation in the methadone program.

29. The mother shall attend regularly upon a psychiatrist or psychologist for assessment of her mental health and for participation in any therapy deemed necessary by that psychiatrist or psychologist for as long as is deemed appropriate by that psychiatrist or psychologist.

30. The mother shall attend upon her general practitioner for review of her health on a fortnightly basis or as regularly as otherwise deemed appropriate by that general practitioner.

31. The parties shall ensure that the child receives all medication prescribed for him by his general practitioner or other treating medical specialists.

32. The maternal grandmother and the paternal grandparents shall, within three months of the date of these orders:

    32.1Liaise with one another for the purposes of selection and appointment of a dispute resolution service, such as Relationships Australia, Unifam, or the Community Justice Centre, to act as a mediator between them.

    32.2Attend upon the appointed mediator at such times as may be deemed appropriate by that mediator, to mediate any disagreements that may exist between them concerning the child.

    32.3Make a genuine attempt to resolve any disputes between them.

33. Pursuant to s 65DA(2) and s 62B of the Family Law Act, the particulars of the obligations that these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

34. The Independent Children’s Lawyer is discharged upon the expiration of any applicable appeal period.

35. All documents produced pursuant to subpoena shall be returned by the Registrar to the owners and providers upon expiration of any applicable appeal period.

36. Any and all outstanding applications are dismissed.

NOTATIONS

A.The paternal grandparents have made allegations in these proceedings that the child has been exposed to sexual and/or emotional abuse, or at least the risk thereof, in the household of the maternal grandmother during 2009.

B.Those allegations have been investigated by the NSW Department of Human Services, and the conclusion reached on behalf of the Department that the child is not at risk of any abuse in the household of the maternal grandmother.

C.The expert appointed in these proceedings pursuant to Chapter 15 of the Family Law Rules, Dr R, does not find that the child is at risk of any abuse in the household of the maternal grandmother, and in fact recommended that the child live with the maternal grandmother.

D.In cross examination, the paternal grandfather acknowledged that he no longer believes that the child is at any risk of abuse in the household of the maternal grandmother.

E.The parties and the Independent Children’s Lawyer jointly submit to the Court pursuant to Rule 10.15A that the orders that they mutually propose should be made in respect of the child satisfactorily account for those past allegations.

IT IS NOTED that publication of this judgment under the pseudonym Wallis and Anor & Solomon and Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCC 641  of 2008

MRS WALLIS AND MR G WALLIS

Applicants

And

MS N SOLOMON

First Respondent

And

MR W WALLIS

Second Respondent

And

MS S SOLOMON

Third Respondent

And

INDEPENDENT CHILDREN’S LAWYER

EX TEMPORE

REASONS FOR JUDGMENT

Introduction

1. These proceedings concern the child J, born in March 2006 (“the child”). 

2. The parties to these proceedings are the applicant paternal grandparents, the first respondent mother, the second respondent father, the third respondent maternal grandmother, and the Independent Children’s Lawyer.

3. The maternal grandmother had been the primary carer for the child from the time of his birth until on or about 25 February 2008.  On or about that date the child went into the care of the paternal grandparents.

4. The maternal grandmother says that the child did so only temporarily, so that she could deal with the mother’s mental health, which was a problem that preoccupied her at that point in time.  The paternal grandparents say that the child’s move was permanent.

5. The child has been cared for primarily by the paternal grandparents since on or about 25 February 2008. 

6. These proceedings were commenced by the paternal grandparents on 12 March 2008, following which interim parenting orders were made on 31 March 2008 by the Federal Magistrates Court.  Those orders included an invitation to the NSW Department of Community Services (as it was then named) to intervene in the proceedings, but that invitation has never been accepted by the Department.  The orders made on that date by the Federal Magistrates Court also included an order transferring the proceedings to the Family Court of Australia.

7. Upon transfer of the proceedings to this Court, interim parenting orders were made on 4 June 2008, and these proceedings came on for final hearing before the Court commencing on Monday, 2 November 2009.

8. The parties were able to settle some issues of difference between them on Monday 2 November 2009, and as a consequence, Consent Orders were made on that date. Parental responsibility for the child was allocated solely to the maternal grandmother, and an order was made that the child live with the maternal grandmother. 

9. The parties remain in dispute about the residual issues concerning the child and the hearing therefore proceeded on Tuesday 3 November 2009.

Competing proposals

1. The respective positions of the parties may be conveniently summarised as follows.

2. The Independent Children’s Lawyer tendered three separate Minutes of Orders, being respectively, Exhibits ICL1, ICL2 and ICL3.  The last of those exhibits is the set of orders now propounded by the Independent Children’s Lawyer. 

3. The orders set out within Exhibit ICL 3 have the full support of the applicant paternal grandparents and the second respondent father. 

4. The third respondent maternal grandmother tendered a separate Minute of Orders proposed by her, which became Exhibit MGM1. 

1. The mother’s position straddles those adopted by the Independent Children’s Lawyer and the maternal grandmother.

Issues in dispute

1. There was broad agreement between all parties on many issues.  The residual disputes that exist between the parties can be summarised as follows.

2. Firstly, there is a dispute about the time to be spent by the child with the paternal grandparents during the next 15 months or so before he begins school in the 2011 academic year.  What is at issue in that regard is whether or not the child should spend two or three times per week with the paternal grandparents over the next month, and the duration of those visits, and thereafter, the frequency of the visits by the child to the paternal grandparents and the duration of those visits.

3. Secondly, the time to be spent by the child with the paternal grandparents after the child commences school in the 2011 academic year, and in that regard, whether the regime of alternate weekend time should conclude on a Sunday evening or Monday morning before school, and which day and evening of the intervening weeks the child should spend time with the paternal grandparents.

4. Thirdly, the time to be spent by the child with the mother, and in particular, whether that should commence immediately or be delayed by a week.

5. Fourthly, the time to be spent by the child with the father, and in particular, whether the child should be permitted to visit the father in prison for two occasions per year in the event the father remains remanded in custody and/or sentenced to a term of imprisonment.

6. Fifthly, whether the child should continue his attendance at the T Early Education Centre over the next 15 months before he commences school, and the number of days per week that he should continue his attendance at pre-school.

7. Sixthly, whether there ought be mutual restraints imposed upon the maternal grandmother and the paternal grandparents precluding them from moving their residences more than 50 kilometres from one another.

The evidence

1. The evidence brought by the parties is as follows.

2. The applicant paternal grandparents rely upon:

   a)Affidavits of the paternal grandfather filed on 12 March 2008, 10 July 2009 and 30 October 2009;

   b)An affidavit filed by the paternal grandmother on 30 October 2009;

   c)Two Form 4 Notices of Child Abuse or Family Violence, filed on 13 October 2009 and 30 October 2009; and

   d)A number of documents from the child’s pre-school, tendered and admitted as Exhibit ICL4.

3. The first respondent mother relies upon:

   a)Affidavits of the mother filed on 12 December 2008 and 7 July 2009; and

   b)An affidavit of Mr B filed on 12 December 2008.

4. The second respondent father relies upon his affidavit filed on 1 October 2009.

5. The third respondent maternal grandmother relies upon:

   a)An affidavit by the maternal grandmother filed on 16 October 2009;

   b)An affidavit of J Solomon filed on 28 October 2009;

   c)An affidavit of Ms B filed on 16 October 2009; and

   d)An affidavit of Mr P filed on 16 October 2009.

6. The Independent Children’s Lawyer relies upon the expert report of Dr R dated 23 March 2009.

7. The only witness subject to cross-examination was the paternal grandfather.

8. The parties have invited the Court to determine the individual issues to which I have already adverted on the basis of the evidence so far adduced and their respective submissions.

9. Dr R, in his report dated 23 March 2009, makes some salient observations concerning the child and the important adults in his life. 

10. Dr R finds that the child has a close and loving relationship with the paternal grandparents.  He finds that the paternal grandparents appear able to provide for the child’s immediate and basic needs, and he concludes that it is probably best for the child have to regular extensive contact with the paternal grandparents.

11. Dr R found the mother to be child-like and immature in her manner. He thought that the mother could offer some input as a contact parent but considered that she is not capable of providing any substantial or extended care of the child.  He considered that it was important for the mother not to live with the maternal grandmother, who is now the residential carer for the child as a consequence of the Consent Orders made between the parties on 2 November 2009.

12. Dr R was unable to assess the child with the father because the father was remanded in custody following his release from custody only a few months ago.  He concluded that it was unlikely that the child would have any strong attachment with the father, who has been incarcerated for a substantial period of the child’s life.

13. The Court’s decisions as to the various issues which remain in dispute must be informed by reference to the best interests of the child. That determination will be guided by the provisions found in s 60CC of the Family Law Act 1975 (“the Act”).

Findings

1. I accept the submissions of the maternal grandmother that the child requires a settled routine and that multiple short-term exchanges between various households should be avoided.

2. The parties have attempted to accommodate the interests of four adult parties in the life of a three year old child in the submissions that they have respectively made to the Court.  There is a risk that there is not enough time in the child’s life to share him around as the adults desire.  Self-evidently, the wishes of the adults must give way in the best interests of the child.

3. The regime of interaction between the child and the paternal grandparents, as proposed by the maternal grandmother, generally satisfies the opinion of Dr R that the child should have regular extensive contact with the paternal grandparents over a fortnightly cycle.

4. Once the child starts school, the parties jointly propose commencement of a regime of alternate weekend interaction between the child and the paternal grandparents.  The weekend time ought conclude on Monday morning, as the Independent Children’s Lawyer proposes, so that the paternal grandparents are involved in the child’s school life to some extent.  The child would benefit from school involvement by relatives other than the maternal grandmother.  The Independent Children’s Lawyer submits that such involvement will cultivate a richness of their relationship and I accept that submission.

5. The maternal grandmother and the paternal grandparents live within one kilometre of one another. There will be no practicable difficulties in implementing the regime in that regard, proposed by the Independent Children’s Lawyer.

6. In the intervening weeks, the child should spend single overnight time with the paternal grandparents on Thursday in lieu of Tuesday.  That will more evenly space the weekly visits by the child to the paternal grandparents’ household.

7. The time spent by the mother with the child should commence immediately.  The evidence does not satisfy me that a delay of one week in implementation of that regime will make any material difference. 

8. The parties jointly propose that the child will spend time with the mother in the household of the maternal grandmother, supervised by the maternal grandmother, on no less than three occasions per week for three hours on each occasion.  That will make for a congested schedule given the child’s attendance at pre-school and the frequency of his visits to the home of the paternal grandparents.  I am barely convinced that such a regime is in the best interests of the child, but the corollary of my acceptance of that joint position is my rejection of the mother’s submission that those visits she enjoys with the child must occur during the hours of 10:00 am and 4:30 pm so as to meet her travel convenience.

9. The evidence is that the child has already visited the father in prison on several occasions in the care of the paternal grandparents.  The maternal grandmother submits that there is no evidence that that will benefit the child.  Equally, there is no evidence that the child is thereby exposed to any harm.  Dr R may not think it likely that there is currently a strong attachment between the child and the father.  Nevertheless, as the child grows his sense of self-identity will be enhanced by a relationship of some sort with his father.  There is a prospect that the father will remain in custody for some years to come.  The child’s attendance at gaol will be the only way of maintaining face-to-face interaction whilst ever those circumstances prevail.

10. The father’s counsel submitted that the imperatives of s 60B of the Act dictate that the relationship between the child and the father be maintained whilst ever that is in the best interests of the child. I accept that submission.

11. There is no evidence that rationally permits the conclusion that the child is at unacceptable risk of physical or emotional harm at the hands of the father by occasionally visiting the father in gaol. I will make an order that permits such visits to occur.

12. The child has been attending the same pre-school for three days per week since on or about 25 February 2008.  The documents comprised within Exhibit ICL4 disclose that he has progressed well and is thriving in that environment.  I accept the submission of the Independent Children’s Lawyer that he has likely developed important relationships with his peers and carers.  Attendance at that pre-school has likely been the single constant in his short life of three years.  As the Independent Children’s Lawyer has ably pointed out, the carers at that centre also act as a safety net as mandatory reporters of any risk posed to the child.

13. I accept that there is a persuasive reason to cut back the child’s attendance at the pre-school from three days per week so as to accommodate him spending time with the important adults in his life.  However, I do not accept that that attendance should be cut back to only one day per week.  I accept that he should attend on at least two days per week.  I regard it as being in the child’s best interests to attend the pre-school on those days consecutively rather than splintering his attendances.  He will therefore attend pre-school on Mondays and Tuesdays in lieu of Mondays and Fridays.

14. Although there was initially cooperation between the grandparents, that cooperation evaporated after 25 February 2008 when they fell into disagreement about whether the child’s stay with the paternal grandparents was temporary or permanent.

15. The maternal grandmother and paternal grandparents have lived within the same community for many years.  Neither intends to depart that community.  Neither is aware of circumstances that will require their involuntary move from their current residential addresses.  Consequently, there is no loss by either of them being restrained from moving too far away from each other.  The benefit is that a reciprocal restraint avoids the prospect of further litigation arising from a sudden decision to move. 

16. The maternal grandmother opposed a restraint being imposed upon her unilaterally, but indicated that she would submit to a restraint if it was mutual.  The paternal grandparents submit to a mutual restraint.  I will therefore order a mutual restraint.

Orders

1. I have made orders that reflect the findings just pronounced.  Otherwise, the orders manifest the agreement reached between the parties on ancillary issues.  However, rather than simply adopt those orders as drafted by the Independent Children’s Lawyer, I have altered the formatting, grammar and syntax so as to produce a body of orders that are more amenable to enforcement.

2. The paternal grandparents have adduced evidence of the child’s potential subjection to sexual and/or emotional abuse within the maternal grandmother’s household over the course of 2009.  Their allegations have been reported to the NSW Department of Human Services, which has led to investigation and conclusions being reached that the child is not at risk of any form of abuse in the maternal grandmother’s household.

3. The conclusions of the Department of Human Services conform with the conclusions reached independently by Dr R. 

4. In cross-examination, the paternal grandfather conceded that he now has peace of mind that there is no unacceptable risk to the child within the household of the maternal grandmother. 

5. All parties uniformly adopt the submission of the Independent Children’s Lawyer that the body of proposed parenting orders satisfactorily account for those allegations. I will therefore make Notations accordingly.

6. As a consequence of those reasons, I make Orders 1 to 36 inclusive, which I now publish, and I make Notations A to E inclusive.

I certify that the preceding fifty six (56) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Austin.

Associate: 

Date:  4 November 2009